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About The Bulletin. (Bend, OR) 1963-current | View Entire Issue (Oct. 13, 2022)
A4 THE BULLETIN • THURSDAY, OCTOBER 13, 2022 Andy Warhol, Prince at center stage in Supreme Court case BY JESSICA GRESKO Associated Press Andy Warhol and Prince held center stage in a copy- right case before the U.S. Su- preme Court on Wednesday that veered from Cheerios and “Mona Lisa” analogies to Justice Clarence Thomas’ enthusiasm for the “Purple Rain” showman. Despite the light nature of the arguments at times involving two deceased ce- lebrities, the issue before the court is a serious one for the art world: When should art- ists be paid for original work that is then transformed by others, such as a movie adap- tation of a book? The case affects artists, au- thors, filmmakers, museums and movie studios. Some amount of copying is accept- able under the law as “fair use,” while larger scale appro- priation of a work constitutes copyright infringement. As the 90-minute argu- ments unspooled, the justices discussed how courts should make that determination. Justice Samuel Alito asked about a copy of the “Mona Lisa” in which the color of her dress was changed. Jus- tice Amy Coney Barrett used “The Lord of the Rings” tril- ogy and its movie adaptation as an example, as well as a box of Cheerios cereal, mak- ing an analogy to famous Warhol images of Campbell’s Soup cans. The television shows “Happy Days” and “Mork & Mindy” were also cited. The case involves a por- trait of Prince that Warhol created to accompany a 1984 Vanity Fair article on the mu- sic star. To assist Warhol, the magazine licensed a black and white photograph of Prince by Lynn Goldsmith, a well-known photographer of musicians, to serve as a ref- Carolyn Kaster/AP President Joe Biden reacts after signing a proclamation to designate the first national monument of his administration at Camp Hale, a World War II-era training site near Leadville, Colorado, on Wednesday. The location is an alpine training site where U.S. soldiers prepared for battles in the Italian Alps during World War II. Biden Continued from A1 Democratic candidates have also been far more likely to appear with Biden if it’s an of- ficial White House event un- derscoring their achievements, such as the groundbreaking for a computer chip facility in suburban Ohio that was aided tremendously by the law that bolsters domestic semicon- ductor production. That’s the approach in Col- orado, where the White House says Biden will speak about his administration’s efforts to “protect, conserve, and restore some of America’s most cher- ished lands and waters for the benefit of future generations.” Biden will return to his standard midterm pitch in California, where he plans to highlight the Democrats’ cli- mate and health care package that the party hopes is its po- litical panacea for voters’ infla- tion concerns, despite the law’s indiscernible impact on prices in the short term. Democrats also believe a ballot referendum that would enshrine access to abortion and contraceptives in the state constitution will keep the is- sue in the spotlight for their California candidates, even as the issue fades elsewhere. But rising gas prices — California has the highest in the nation at roughly $6.20 a gallon — will be an unwelcome political backdrop for Biden. Republicans think they can capitalize on gas prices, in- flation and the economy as they look to defend and pick up five House seats across the state. Both parties are eyeing at least two offensive oppor- tunities in the Orange County area, where Biden will speak Friday on lowering costs one day after the federal govern- ment releases its final inflation report before Election Day. It’s in Oregon that Biden’s political pull will be tested among Democratic voters. The party is in danger of losing the governor’s race in the traditionally blue state, as Betsy Johnson — a former Re- publican and Democrat who has since quit both parties — has mounted a well-financed bid against both Democratic nominee Tina Kotek and the GOP’s pick, Christine Drazan. Democratic officials hope that while in Oregon, Biden can help consolidate the party’s support behind Kotek. “That is a huge factor in this race,” David Turner, a spokes- man for the Democratic Gov- ernors Association, said of Johnson’s candidacy. “I don’t think we would be talking about this race if Betsy John- son wasn’t in it.” Republicans for months have sensed an opportunity in the Oregon race, not just from Johnson’s bid but on a message of homelessness and crime that has been a top concern for the state’s voters. “Democrats are panicked their multidecade grip on the governor’s office is slip- ping away as Christine Dra- zan connects with a majority of Oregon voters who yearn for change,” said Jesse Hunt, a spokesman for the Repub- lican Governors Association. “The Democrat regime of Joe Biden, Kate Brown, Tina Kotek, and Betsy Johnson have done nothing to make Oregon safer or more pros- perous.” erence. Goldsmith was paid $400. Warhol used it to create portraits of Prince in the same style he had created well-known portraits of Mar- ilyn Monroe, Jacqueline Ken- nedy and Mao Zedong. He cropped the image, resized it and changed the tones and lighting. Then he added his signature bright colors and hand-drawn outlines. Warhol ultimately created several versions, including one of a purple-faced Prince that ran with the Vanity Fair story. Goldsmith got a small credit next to the image. The issue in the case be- gan when Prince died in 2016. Vanity Fair again fea- tured another of Warhol’s Prince portraits, this time an orange-faced Prince that ran on the magazine’s cover. Warhol had died in 1987, but the magazine paid The Andy Warhol Foundation for the Visual Arts $10,250 to use the portrait. Goldsmith saw the maga- zine and contacted the foun- dation seeking compensa- tion, among other things. The foundation then went to court seeking to have War- hol’s images declared as not infringing on Goldsmith’s copyright. A lower court judge agreed with the foun- dation, but it lost on appeal. Justice Thomas on Wednesday asked the foun- dation’s lawyer, Roman Mar- tinez, whether the foundation would sue him for copyright infringement if he got cre- ative with the Warhol image. “Let’s say that I’m both a Prince fan, which I was in the ‘80s,” he said, and fan of Syracuse University, whose athletic teams are the Syra- cuse Orange. “And I decide to make one of those big blowup posters of Orange Prince and change the col- ors a little bit around the edges and put ’Go Orange’ underneath.” Thomas said he would wave the poster around at games and would market it “to all my Syracuse buddies.” Martinez implied he could sue and Thomas would lose. A number of justices sug- gested that the appropriate result in the case is to clarify the first of four factors that courts use to assess whether something is “fair use” and to send the case back to lower courts for further review. “Why wouldn’t we send it back,” Justice Ketanji Brown Jackson asked at one point. A range of high-profile organizations stressed the importance of the decision, including The Motion Pic- ture Association, prominent museums in New York and Los Angeles, and the creators of “Sesame Street,” who say they often rely on “fair use” for parodies but also license copyrighted characters such as Cookie Monster and Elmo for use in new works by oth- ers. Groups urging the jus- tices to side with Goldsmith include the Biden admin- istration, the organization that owns the copyrights to the works of Dr. Seuss, The Recording Industry Associ- ation of America and Jane Ginsburg, an intellectual property expert and daugh- ter of the late Justice Ruth Bader Ginsburg. The Warhol foundation’s supporters in- clude the foundations of two other prominent artists, Rob- ert Rauschenberg and Roy Lichtenstein. A decision in the case, The Andy Warhol Foundation for the Visual Arts v. Lynn Gold- smith, 21-869, is expected by the end of June when the Su- preme Court typically breaks for its summer recess. OBITUARY Shooting Continued from A1 At one point during the fight, Law and a woman got into a black 2007 Volkswagen Jetta outside the home. The woman, whose name was re- dacted in the document, told police she was in the driver’s seat and Law was in the rear seat while he and Myers con- tinued to argue through an Fundraising Continued from A1 Tatom received an in- kind contribution of $1,000 from the Pro-Choice Ore- gon PAC, which is run by Jef Green, president of the Port- land-based campaign services company C&E Systems. He also received an in-kind do- nation from the Democratic Party of Oregon of $500. Tatom has also garnered support from several local political leaders, including a $500 donation from current county Commissioner Phil Chang and a $250 donation from outgoing District At- torney John Hummel. Can- didates for Bend City Coun- cil Karon Johnson and Ariel Mendez donated $500 and $200, respectively, to Tatom’s campaign. DeBone said a major differ- ence in the campaign contri- bution tallies was his involve- ment in the primary. Tatom didn’t have any Democratic opposition, so he didn’t have to compete in the primary. “I go into an election season knowing that I don’t want to be the biggest financial monster out there. It’s a shame when you have to spend that much money,” said DeBone, who has spent over $92,000 this year. Central Oregon Small Busi- ness PAC, which is funded in large part by Pahlisch Homes, Hayden Homes and Stone Bridge Homes, funnels money into Republican campaigns like DeBone’s. He has received around $18,000 from the committee since the primary, $10,000 of which was an in- kind contribution. DeBone has also received $25,000 in open window. She said Myers then “struck” Law through the open window, according to the records. The woman told police that “something to the left caught her attention and caused her to look away.” Then, she said she heard a loud pop. As her ears were ringing, the woman told police, she looked over and saw Law “slumped over.” She told po- lice she and Myers screamed, and he said “something to the effect of ‘Oh my God,’” accord- ing to the records. It is not clear through the records what kind of gun was used in the shooting, but a witness told police he believed Myers used a .38 caliber hand- gun. Police arrived and report- edly found Law inside the ve- cash and in- kind contri- butions from the Central Oregon As- sociation of Realtors. Tatom One of DeBone’s highest individual donors this year is James Young, the owner of Entek International, a company that manufac- tures plastic for battery storage based in Lebanon, Oregon. He contributed $15,000 to DeBone’s campaign before the primary and another $5,000 this month. DeBone came into his po- sition at a time when there were under 100,000 voters in Deschutes County. Now there are over 155,000 voters, as of this month. He said he DeBone hopes to continue to cater to those voters, and Ta- tom said he thinks it’s time for change. The two candidates will appear at a debate together with the other candidates for hicle. Police also found what appeared to be blood through- out the house, including on a trash can in the upstairs bath- room and in the kitchen. Police reportedly chased Myers for about seven hours after the shooting before he took his own life. Myers was found near Gift Road and the Deschutes Canal. █ Reporter: 541-617-7854, bdole@bendbulletin.com the Deschutes County Com- mission, Republican Patti Adair and Democrat Mor- gan Schmidt, on Thursday at 6:30 p.m. on KTVZ. All four candidates will also partici- pate in a forum hosted by the League of Women Voters and Bend City Club at 6:30 p.m. on Oct. 20 at the Deschutes County Services Building. It will be open to the public and recorded for later viewing. █ Reporter: 541-633-2160 akaminski@bendbulletin.com OBITUARY Marie Theresa Mills May 1, 1928 - October 3, 2022 D N Trevit Clay Law August 31, 1976 - September 25, 2022 of Redmond Arrangements: Potluck at the Elks Lodge Services: 10/15/2022 3:00 PM Elks Lodge 151 N Mains St, Prineville Oregon. Trevit was a local to Central Oregon and was known and loved by many. Please join us for a celebration of life to say goodbye to this incredible man, son, brother, father and the friend who always had our backs. Trevit leaves behind 2 sons and 3 beautiful daugh- ters, 1 granddaughter as well as many that called him Uncle. Trevit will be greatly and forever missed. OBITUARY DEADLINE Call to ask about our deadlines 541-385-5809 Monday - Friday 10am - 3pm Email: obits@bendbulletin.com Marie Theresa Mills passed away on October 3, 2022 in Bend. She was born May 1, 1928 in Portland to the late Maurice Emmett Murphy and Margaret Barbara (Sliva) Murphy. A Mass of Christian Burial will be held on Friday, October 14, 2022 at 11:30am in Holy Communion Church, 1245 SE 3rd St. C10, Bend, OR 97702. A graveside service will immediately follow the mass at Pilot Butte Cemetery. In lieu of flowers, donations can be made to Partners in Care- Hospice of Bend: 2075 NE Wyatt Ct. Bend, OR 97701 Please visit www.bairdfh.com to view the full obituary and leave condolences for the family. Mary Crawford June 9, 1937 - October 2, 2022 Mary Plummer Crawford passed away on October 2, 2022. Mary was born in Bend June 9, 1937 to Robert and Melba Plummer. She attended Bend schools, graduating from Bend High in 1955. She attended Central Oregon College, she performed in many musicals at COC and Magic Circle Theater. She also sang with the choirs of First Baptist Church and Eastmont Church. In 1959 Mary married Gene Hackett; they had two children, Michelle and Michael. In 1988 she married Bill Crawford. They traveled extensively and enjoyed 21 years of marriage until his death in 2009. She is survived by her children, Michelle Welch (Patrick) and Michael Hackett; 5 grandchildren, Spencer (Lindsay) Welch, Mackenzie (Ryan) Groshong, Ethan (Jayne) Welch all of Bend, Keshia Hackett (Aaron Kimball) and Alex Hackett all of Springfield; and five great-grandchildren - Olivia Groshong, Blake Groshong, Marek Welch, Madden Welch all of Bend and Sabine Kimball of Springfield; twin sister, Nancy Hammagren (Chan) of Boise, Idaho; stepdaughter Cindy Hicks (Lonnie) and two step-grandsons, Bill and Tony, all of Boise, Idaho. Mary was preceded in death by her husband, Bill Crawford, her parents, brother Bob Plummer and stepdaughter LeAnn Miller. Mary was the director and teacher of Westside Kindergarten for 12 years, then she worked at Bend Title aka Amerititle for over 31 years in the accounting department. One of Mary’s greatest joys was being a grandmother. She cherished every moment she spent with her grandchildren. She shone brightest when cheering them on or just spending time with them. She will be remembered for her infectious laugh and love for family and friends. A celebration of Mary’s life will be held at Foundry Church, 60 NW Oregon Ave. Bend, Oregon, October 15, 2022 at 1:00 pm. In lieu of flowers please send a donation to Hospice Partners in Care.
