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.