Legal Question in Intellectual Property in Maine

When Andy Warhol reproduced images of Campbell's Soup, Elizabeth Taylor, Elvis,and Marilyn Monroe for example, in silk screen on canvas, and called it pop art. Was it legal for Warhol to use their images for profit without asking for the rights to the their images? Further, say if I silk screened painted a bunch of commonly known Mick Jagger images do I have the right to sell them? and if i do have the right is it because I am not selling it as a copied photograph of the original image, but as a painting? thanks Charlene


Asked on 10/26/09, 6:19 pm

1 Answer from Attorneys
Elliott Teel Teel Law Office

As to the first part of your question, what Warhol did may have been violations of the copyright law. There are a few issues here - for Campbell's they had their trademarked logos reproduced, and if they wanted to they may have been able have it stopped - but it was not harming them.

The photos of celebrities has two issues - first the photographers rights to their photos, second the celebrities rights to their images. Since the photos were distorted enough, Warhol likely could have won a fair use claim (like what Sheperd Fairey is arguing with his Obama images) against the photographers. But the celebrities, like Campbell's Soup, were probably flattered to be the subject of a Warhol painting.

But for you, and most people these days, you could face legal trouble from the photographer who took the images, and the celebrities whose image you are selling.

Read more
Answered on 10/31/09, 11:50 pm


Related Questions & Answers

More Intellectual Property questions and answers in Maine