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Dauman v. The Andy Warhol Foundation for the Visual Arts

No. 96-cv-9219 (TPG), 1997 WL 337488 (S.D.N.Y. June 19, 1997)
Issue(s):  
Copying?
Overview

Photographer Henri Dauman brought suit against The Andy Warhol Foundation for the Visual Arts after Andy Warhol allegedly misappropriated Dauman’s image of Jacqueline Kennedy by creating a silkscreen for his artwork. The photograph was taken at President John F. Kennedy’s funeral, where Dauman was on assignment for Life magazine. It appeared in at least 45 Warhol works during the year following Kennedy’s assassination, according to Dauman’s complaint. The Foundation filed a motion to dismiss in response, arguing that the magazine did not explicitly state that Dauman owned the copyright. Although the case was ultimately settled, and the settlement terms have not been disclosed, the Southern District of New York held that copyright notice under the magazine’s name is enough to secure copyright protection for the author.

Case Summary

In 1996, photographer Henri Dauman sued the Estate of Andy Warhol (the "Estate"), the Andy Warhol Museum (the "Museum"), and The Andy Warhol Foundation for the Visual Arts (the "Foundation") on three counts of copyright infringement. The controversial image central to all three claims was of Jaqueline Kennedy at President John F. Kennedy's funeral, where Dauman was on assignment for Life magazine (whose parent company was Time Inc.). The photograph was featured in the December 6, 1963 issue of Life magazine, which contained a notice stating that reproduction without permission was strictly prohibited.

The year following Kennedy's assassination, Warhol created a series of artworks starring Jacqueline Kennedy. Warhol allegedly used silkscreens of source images from newspapers and magazines, including Dauman's photograph, to make his famous pieces. Dauman learned about Warhol's unauthorized use of his photograph when he saw "16 Jackies" in the New York Times after selling at Sotheby's for $418,000. According to Dauman's complaint, his photograph appeared in at least 45 Warhol works. While the first count of copyright infringement concerned Warhol's artistic use of Dauman's image, counts two and three were about a book and calendar published by the Museum and Foundation which also featured the photograph.


The Estate, Museum, and Foundation moved to dismiss all three counts for failing to state copyright infringement claims. They argued that, while the complaint indicated that Dauman took the photograph, the image was published in Life magazine and registered by Time Inc., the complaint did not explicitly state that Dauman owned the copyright. The Southern District of New York likened the facts of this case to Goodis v. United Artists Television, Inc. to conclude that an author is still afforded copyright protection after publishing their work in a magazine bearing a copyright notice. The Southern District of New York highlighted the circumstances: the magazine purchased the first publication rights, and the author clearly had no intention of submitting their work into the public domain. The motions to dismiss the complaint were denied, the case ultimately settled, and the settlement terms remain unknown.

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