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Nic Name · 01-26-2002, 02:49 PM

On Sun, April 11, 1999, Amalyah Keshet <akeshet@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@law.whittier.edu>

btw, here's an unauthorized site for Warhol, which is probably the way Andy would have liked it.

01-26-2002, 02:49 PM	#8
Nic Name retired Join Date: Dec 2001 Location: Toronto, Canada Posts: 1,930	On Sun, April 11, 1999, Amalyah Keshet <akeshet@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@law.whittier.edu> btw, here's an unauthorized site for Warhol, which is probably the way Andy would have liked it. Last edited by Nic Name; 01-26-2002 at 03:10 PM.