PORTRAITS

Copyright vs Copywrong

PORTRAITS

Show Notes

Copyright law is complicated, especially when it comes to visual art. So there was a lot of fanfare around the Supreme Court’s May ruling involving a celebrity portrait photographer, the pop artist Andy Warhol, and an orange silk screen of the late musician Prince. Would the decision give us some clarity around what’s ‘infringing’ in the world of appropriation art?

Lauryn Guttenplan, former deputy general counsel for the Smithsonian, walks us through some high-profile copyright cases from the past, as well as the Supreme Court’s decision.

See the artwork we discussed:

Obama “Hope” Portrait by Shepard Fairey, original photo by Mannie Garcia

“Canal Zone” Collage by Richard Prince, original photo by Patrick Cariou

“Orange Prince” by Andy Warhol

Prince Portrait by Lynn Goldsmith

More from PORTRAITS

May 6, 2025

Geologist Walter Alvarez was working away on some limestone samples in Gubbio, Italy, when he became intrigued by an odd layer of rock. He was looking at the K-T boundary. Underneath it, there are dinosaur fossils. Above it, there are none. And Walter was about to stumble on the reason why. In this final episode of our science series, we pair a rock sample from the K-T boundary with a unique portrait by Carmen Lomas Garza to tell the story of the dinosaur extinction -- how it happened, why it happened, and who figured it out. With Kirk Johnson, director of the Smithsonian's National Museum of Natural History, and Taína Caragol, curator of painting and sculpture and Latino art and history at the National Portrait Gallery. See the portraits we discussed: Walter Alvarez, by Carmen Lomas Garza Luis Alvarez, Lawrence Berkeley National Laboratory

Apr 15, 2025

We have portraits of people in our galleries. But what if you’re a natural science museum? How do you portray a dinosaur? We talk with Kirk Johnson, Sant Director of the Smithsonian's National Museum of Natural History, about the ways our portrayals of dinosaurs have evolved, from sluggish and lizard-like to warm-blooded, colorful and spry. Then Matthew Carrano, curator of dinosauria, explains how the museum put T. rex into a striking new pose. The trick, he says, is to convey how cool dinosaurs were, without making them seem alien. We also tie in a couple portraits from the National Portrait Gallery's collection: an image of the first person to describe an American dinosaur, and a photograph of the first person to give them the Hollywood treatment. See the portraits we discussed: Joseph Leidy, by Frederick Gutekunst Steven Spielberg, by Gregory Heisler The Nation's T. rex, the Smithsonian's National Museum of Natural History Also recommended: Visions of Lost Worlds: The Paleoart of Jay Matternes, by Matthew T. Carrano and Kirk R. Johnson

Apr 1, 2025

This mini 'Blink' episode celebrates the cherry blossoms that are blooming all over Washington D.C. at the moment by taking a closer look at portraits that feature flowers. Kim visits three paintings in the National Portrait Gallery that use specific blooms to convey coded information about the sitter, including the experiences that shaped them and the roles they took on. Sarah Weston Seaton with her Children, by Charles Bird King Barack Obama, by Kehinde Wiley George Washington Carver, by Betsy Graves Reyneau

Mar 4, 2025

When William Temple Hornaday's exhibition of stuffed bison went on display at the Smithsonian Institution in 1888, it caused a sensation. Most visitors had never seen this majestic, hulking animal up close. And most probably thought it would be their only chance, since the bison had all but vanished from the wild. Some 140 years later, Kirk Johnson, director of the National Museum of Natural History, realized that the iconic display itself had vanished from the museum's collection. So he went on the road to see what had happened to it. In this episode, we trace the story of how the bison - or American buffalo - were driven right to the edge of extinction, severing a sacred relationship with Native people. Then we track how the species' catastrophic decline, as memorialized in a taxidermy masterpiece, gave rise to the early conservation movement that brought the bison back. With guest Rosalyn LaPier. See the artwork we discuss: William Temple Hornaday, by George Rufus Boynton Hornaday's taxidermy bison display Theodore Roosevelt, by Peter A. Juley Hornaday and Sandy Also referenced: The American Buffalo, a film by Ken Burns

Feb 4, 2025

From the Smithsonian's Sidedoor podcast: sorting fact from fiction to find the real Sojourner Truth. As a prominent woman's rights activist and abolitionist, Sojourner Truth gave hundreds of speeches and sold countless images of herself. And yet the words that define her in our popular imagination - "Ain't I a woman?" - were actually made up. Host Lizzie Peabody went looking for the real Sojourner Truth and she found a woman with a much more complicated and fascinating life than any slogan can capture. Guests: Nell Irvin Painter, author of Sojourner Truth: a Life, a Symbol; Edwards Professor of American History Emerita at Princeton University Ashleigh Coren, former content strategist for the Smithsonian's Our Shared Future: Reckoning with Our Racial Past initiative Kim Sajet, director of the Smithsonian’s National Portrait Gallery and host of the Smithsonian's Portraits podcast

See all episodes →