[ti:US High Court to Decide How Artists Can Use Others’ Works] [by:www.51voa.com] [00:00.00]更多听力请访问51VOA.COM [00:00.04]The U.S. Supreme Court agreed on Monday [00:03.64]to hear a case that could help decide [00:06.60]how artists can use the works of others. [00:10.60]The court agreed to decide a copyright dispute [00:14.52]between the photographer Lynn Goldsmith [00:17.68]and the estate of modern artist Andy Warhol. [00:22.40]The dispute is over Warhol's 1984 paintings of music star Prince. [00:29.20]The justices agreed to hear the Andy Warhol Foundation's appeal [00:34.00]of a lower court ruling. [00:36.36]That ruling held that Warhol's paintings [00:39.60]based on a picture of Prince by Goldsmith [00:42.56]were not protected by the fair use idea of U.S. copyright law. [00:48.20]The photos were taken for Newsweek magazine in 1981. [00:54.44]Goldsmith, who is now 74 years old, [00:58.04]countersued Warhol's estate in 2017 [01:02.20]over Warhol's unlicensed paintings of Prince. [01:06.84]Warhol's estate had asked a federal court in New York City [01:11.52]to find that his works did not violate her copyright. [01:16.56]Warhol was famous for basing some of his art [01:19.88]on photographs and available images. [01:23.20]He died in 1987. [01:27.80]Goldsmith has said she did not learn about the unlicensed works [01:32.64]until after Prince died in 2016. [01:36.76]She asked the court to block Warhol's estate [01:40.12]from making more use of her work. [01:43.68]She also wants to be paid [01:45.76]what are called damages for use of her work. [01:50.56]A judge had earlier ruled that Warhol's works [01:54.32]were protected against Goldsmith's claims [01:57.16]by the idea of fair use. [02:00.72]Under fair use, copyrighted work [02:03.36]may be used without the owner's permission [02:06.20]if several ideas of fairness are observed. [02:10.72]For example, fair use is permitted if the artist changes, [02:15.76]or transforms, the work into something new. [02:19.52]Fair use is also permitted if the new work is a parody. [02:25.60]The judge found Warhol's paintings [02:28.16]transformed Goldsmith's picture of Prince as a "vulnerable human being" [02:33.40]by showing him as an "iconic, larger-than-life figure." [02:38.72]Goldsmith disputed that earlier decision. [02:41.80]The case then came before the 2nd U.S. Circuit Court of Appeals in New York. [02:48.48]Last year, the court decided that Warhol's paintings [02:52.44]had not made fair use of Goldsmith's photo. [02:55.68]That made it possible for Goldsmith's case to continue. [03:01.04]The 2nd Circuit decided that a transformative work [03:04.56]must have a "fundamentally different and new artistic purpose and character." [03:10.60]The court said that Warhol's paintings were "much closer [03:14.44]to presenting the same work in a different form." [03:18.76]The Andy Warhol Foundation then asked the U.S. Supreme Court [03:23.20]in December to overturn the 2nd Circuit decision. [03:28.04]The foundation argued that the decision [03:30.84]created legal uncertainty for all art like Warhol's. [03:36.28]Warhol Foundation lawyer Roman Martinez [03:39.52]said he welcomed the high court's decision to hear the case. [03:44.72]He hopes it will "recognize that Andy Warhol's [03:47.84]transformative works of art are fully protected by law." [03:53.08]Goldsmith said in a statement provided by one of her lawyers [03:57.88]that she looks forward to continuing her legal fight at the Supreme Court. [04:02.64]"I fought this suit to protect not only my own rights, [04:07.76]but the rights of all photographers and visual artists [04:11.80]to make a living by licensing their creative work - [04:15.24]and also to decide when, how [04:18.24]and even whether to exploit their creative works [04:21.80]or license others to do so," Goldsmith said. [04:26.40]The Supreme Court dealt with the issue of copyright fair use last year. [04:32.16]One of its rulings found that the use of Oracle Corporation's [04:36.72]software code by Google in its Android operating system was protected. [04:43.32]In a 1994 Supreme Court ruling on fair use involving artistic creation, [04:49.20]the justices found that rap music group 2 Live Crew's parody of a song [04:54.72]by performer Roy Orbison was fair use. [04:59.24]I'm Dan Novak. 更多听力请访问51VOA.COM