Re: Fine Art Reproductions

On 04/12/99, Robert Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
>
> On Sun, April 11, 1999, Amalyah Keshet <akeshet[_at_]imj.org.il> wrote:
> >
> > This is the information I received from the Warhol Foundation regarding
> > Andy Warhol and Campbell's Soup, as promised.
> >
> > --------------------
> >
> > > Andy Warhol did not originally seek permission from Campbell Soup
> > > Company to paint their soup cans. He apparently did not run into
> > > problems with the company who saw his usage as amusing and the
> > > freedom of expression.
> > >
> > > It was only after Warhol's death, when the Andy Warhol Foundation
> > > began making licensing agreements with various manufacturers to
> > > use Warhol's imagery on products, that there was an official legal
> > > agreement between the Andy Warhol Foundation and Campbell Soup
> > > Company. Presently, both parties own a stake in the copyright and
> > > neither party can make licensing agreements without the other
> > > party's permission. Happily, we have a good relationship with them
> > > and are involved in various licensing deals with them covering a
> > > wide range of products.
> > >
> > > So, to answer your question, while he was alive, Warhol did retain
> > > the copyright to his own artworks but never addressed the issue
> > > himself as far as Campbell Soup Company was concerned.
>
> Thanks to Ms Keshet for sharing the Warhol Foundation's account of
> its relationship with Campbell's Soup. It answers a question that often
> comes up in my trademark class. I, for one, would be equally interested
> in knowing whether there is a similar relationship with the Estate of
> Marilyn Monroe, and whether Mr. Warhol sought permission to use
> Marilyn's image when he did his famous series on her.

According to the Warhol Foundation, they have a similar licensing arrangement with the estates of Marilyn Monroe, Elvis Presley, and James Dean. I assume that the situation is the same as with Campbell's: Warhol did not seek permission initially, but the Foundation did when it sought to exploit the works commercially after his death.

Tyler T. Ochoa
Associate Professor
Whittier Law School
<tochoa[_at_]law.whittier.edu> Received on Wed Apr 14 1999 - 19:41:51 GMT