Blog Post

Who Is Looking Out For Prince?

Ron Watermon • Jun 30, 2023

Supreme Court Sides With Photographer Over Prince Photo Used By Andy Warhol to Help Sell a Vanity Fair Magazine Story About Prince

St. Louis, MO – June 30, 2023 – When the United States Supreme Court recently ruled against the Andy Warhol Foundation in a copyright dispute over the use of a photographer’s photo of Prince, my first thought was who is looking out for Prince?

The case that made its way to the highest court in the land was a fight involving three parties (the photographer, a famous artist and a magazine publishing giant) that were each profiting off the iconic musician and his compelling story.

While I am an attorney, I’m not going to get into the merits or demerits of the Supreme Court ruling other than to make my own case for why Prince – and by extension you - should own your own story.

At issue in this case is an image that adorned the front cover of Vanity Fair magazine. That image was of Prince because their cover story was about Prince . I’m operating from the belief that the editors of the magazine selected cover stories that would induce readers to buy the magazine. A popular celebrity on the cover helps sell more magazines. People bought the magazine to read about Prince .

The editor's chose the cover story to induce readers to purchase the magazine.

It isn’t unlike me choosing Prince to be a topic of my blog. I want you to read this blog because I’m passionate about this idea that you should own your own story. And this court case is a picture perfect illustration of the issues at stake in the practical process of telling a person's story.

As the court arbitrates a dispute between parties, I'm struck by how no one is even talking about Prince. It is his celebrity and his story that make the whole dispute possible. It is that fact that I'm using to illustrate my point to you that you need to own your story. Especially if you are a celebrity.

I listen to people throw around terms like NIL and copyright without really understanding the practical applications of those legal rights. Assumptions are often made that lead to unfortunate results when individuals realize they don’t actually own their own storytelling elements.

Let me explain what I mean.

Under American law, the creator of creative work (photo, video, written work etc.) owns the copyright on that work. For instance, as the writer and publisher of this blog, I own the copyright. If I take photo, I own the copyright on the photo. If I take a photo of a person, I still own the copyright on that photo. However, that person owns their name, image and likeness unless they grant me those rights.

Just because I own the copyright doesn’t mean I can do anything I want with an image. If I want to use that photo to sell t-shirts or coffee mugs, I don’t have the right to do that without first securing the NIL rights from the person in the image. If that person is a professional athlete wearing a jersey, then I most likely need permission from the league because it has licensed logos.

Ugh. It gets complicated.

The Supreme Court case involved a Vanity Fair cover where artist Andy Warhol used a photograph of Prince taken by Lynn Goldsmith to do his signature artwork. I’m assuming the photographer must have secured a right of publicity from Prince before marketing the image and making it available to folks like Andy Warhol.

That is often the case. Photographers have gotten pretty savvy about leveraging the power of celebrity and keeping the upper hand with customers of their service. That is why you have to have a waiver to print a photograph of your child's school photo. The photographer's agreement is fairly one-sided in favor of the photographer and customers usually just go along with it.

Candidly, I think it is annoying that I paid money to get my son's 6th grade photo taken and the photographer owns it. We only have a limited license of my son's image. We need the photographer's permission to go to Walgreens to have it printed. I don't like that. I think the photo should be a work for hire and we should own it. The photographer should get a limited license.

Now all that said, nothing nefarious is at play. The law favors the photographer and the creator of creative work. I'm totally down with that.

Put another way my darling Nikki, they aren’t thieves in the temple wearing a raspberry beret in the purple rain saying “let’s go crazy” because you got the look. But let’s be honest, while nothing compares to you, many creatives act like baby I’m a star and that is why I drive a little red corvette.

Song title puns aside, you get the point. The creator owns the copyright. Even when you hire them unless you have a written agreement otherwise. Few people who hire a photographer or videographer realize their rights and who owns what. The law is the law. It is up to you to know your rights. When you hire a photographer, you can insist on a work-for-hire arrangement. Most will be willing to go along for the right price.

My message to you is to be aware of the law and look out for yourself in the process of engaging a creative professional. Be smart and act like a media outlet by owning the copyright on your work.

Most people – including celebrities – assume they own their own story.

While at a certain level that is true, it isn’t necessarily the case in a practical sense. If ESPN does a 30 for 30 documentary about a professional athlete, ESPN (a.k.a. Disney) owns the copyright on that creation. It is their documentary. And Disney is very protective of their copyrights -- as they should be as their entire business model is built on it.

If ESPN uses images or game footage of the player playing a game, they have to pay a license fee to whoever owns that footage to include it in their production. Typically, the license holder is the league. They expect big bucks for that footage. And they get it.

Most celebrity documentaries or biopics are not owned by the celebrity being featured within the production. Someone else does - typically who ever paid to produce the film.

Sadly some of the people with the most compelling stories to tell, don’t actually own the key elements like photos or video to tell their own story. Too often, it isn’t until a professional athlete or celebrity dies that the families realize how little of the loved one’s story they own or control.

I formed STORYSMART because I believe everyone is entitled to have their story told professionally on screen without sacrificing their rights to the story. Nobody should own or profit from your story but you. And you shouldn’t have to choose between having your story told well and owning it. You can have both if you are STORYSMART about it.

If you decide to write a memoir, you don’t have to decide between having it well written and owning the copyright. You can have both. You can hire a ghost writer to make sure your manuscript is outstanding and you own it. You can profit from selling your story told well.

While the publishing industry has the ghost writer, there really isn’t anything equivalent to that in the world of on-screen storytelling. That is why we created STORYSMART. We want to be the equivalent to on-screen storytelling, allowing you to own your story told in a cinematic, professional way on screen. We believe a professional filmmaker will do a better job telling your story than you would doing it DIY, but you shouldn't have to trade off on ownership to engage a professional.

We see ourselves as looking out for both the creatives we work with and our clients. There has to be a better way than currently exists within the market. The process of filmmaking and video storytelling needs to a process akin to the ghostwriting process in publishing.

In the publishing world, ghost writers work on behalf of someone as a work-for-hire ensuring that the client owns the copyright on the work. Clients pay a premium to engage a ghostwriter. It is a win for creatives and for the client. It is also a win for the publishing industry that has had to adjust to the democratizing reality of self-publishing.

While self-publishing is awesome, it hasn't always resulted in well-written books. The ghostwriter process enables a celebrity to self-publish a well written book they can be proud to call their own. It does justice to their story.

We believe you deserve the same option when it comes to bringing your story to the screen. You shouldn’t have to give up your intellectual property rights to have a documentary film or major motion picture made about you. You should still be able to own your story told in a way that does justice to your story.

Put another way, at STORYSMART, we are here to look out for Prince. We want Prince to own his own story. And the same goes for you too. Know your rights and be STORYSMART about sharing your story.

If we can help, please don't hesitate to reach out to me. It is always free to talk.

BTW – the image of Prince used in the thumbnail above is an ai creation from Canva. I paid a license to use Canva and the tools within it.

--Ron Watermon, the founder & CEO of STORYSMART


About STORYSMART®

Nothing is more enduring than a beautiful film that brings a story alive on screen and in our hearts. Great stories demand nothing less than cinematic Hollywood-quality storytelling. STORYSMART® specializes in helping public figures such as professional athletes, entertainers, former elected officials and celebrities make the most of their story using a proprietary approach that blends Hollywood-style cinematic storytelling with museum-like collection curation and story-focused brand licensing.


STORYSMART® provides Hollywood Quality filmmaking and storytelling consulting services, functioning as a high-end work-for-hire ghostwriting service specializing in cinematic storytelling rather than being limited to traditional book publishing (hint - you can do both if your are smart about your storytelling derivative rights). STORYSMART® services range from story preservation digital archive services like those used by Oprah Winfrey, Bon Jovi and Billy Graham, to story development, screenwriting, licensing, and professional documentary filmmaking.


STORYSMART® is ideal for clients interested in controlling and monetizing their own storytelling through story-based media production, publishing, and merchandising.


Learn more about our customized white glove approach and book your FREE CONFIDENTIAL consultation at storysmart.net


Filmmaking For ALL™ My Own Story™ Storytelling For ALL™


About Ron Watermon

Ron Watermon is the founder and CEO of STORYSMART, a nationwide premium storytelling service that empowers clients to have their stories professionally produced by experienced Filmmakers while retaining their intellectual property rights.

A creative and innovative communications leader with nearly three decades of experience, prior to founding STORYSMART, Ron spent 18 MLB seasons with the St. Louis Cardinals where he was responsible for modernizing the team's communications by leading their investment in video storytelling, brand journalism, fan engagement and social media.

Ron, who lost his father when he was five years old, knows how profoundly important and deeply personal storytelling is within families. He founded STORYSMART because he believes everyone matters, deserves to be remembered and is entitled to have their story told professionally.

By STORYSMART® 08 Sep, 2024
Advising clients to invest in storytelling should be part of your estate planning wealth management practice. For high-net-worth individuals, like CEOs, professional athletes, or entertainers, their legacy extends beyond mere financial wealth. Their personal and professional journeys hold a unique value that can be monetized and appreciated over time, just like their financial assets. Estate planning and wealth management have traditionally focused on protecting tangible assets like properties and investments. However, there is an increasing awareness that personal stories, when preserved and protected, hold significant financial value. In this post, we’ll explore the concept of personal legacies as intellectual property (IP), how digitizing assets like photos and documents plays a crucial role, and the importance of recording on-camera interviews that provide the foundation for future media projects. We’ll also delve into why copyright protection is critical for safeguarding these stories and positioning them as valuable assets for future use. We are firm believers that wealth management and estate planning attorneys have a key role to play in this evolving approach to legacy preservation, and partnering with a service like STORYSMART® can help their clients protect their most personal and irreplaceable asset: their story. The Value of Personal Legacies as Intellectual Property When we think of wealth, it’s easy to focus on tangible assets like real estate, stocks, or business holdings. However, for high-profile clients, wealth goes beyond material possessions—it includes their personal narrative and their NIL (name, image & likeness), which can be leveraged as a form of intellectual property (IP). In the same way that brands or creative works are protected by copyright and trademarks, a client’s personal story can—and should—be safeguarded as valuable IP. Expanding the Definition of Wealth Personal stories are an often untapped asset that, with the right approach, can be monetized and preserved for future generations. Consider the growing interest in documentaries, autobiographies, and feature films based on real-life events. For well-known individuals—whether CEOs, professional athletes, or entertainers—their life stories can generate significant interest and revenue. However, if these stories are not protected, they can be exploited or misrepresented without their consent. As their attorney, it would be malpractice to fail to recognize the practical steps your client should take to protect themselves and their estate. That’s why viewing a client’s story as a valuable part of their overall wealth portfolio is a forward-thinking approach that more attorneys and wealth managers are beginning to embrace. Public Figures and Personal Brand For public figures, legacy preservation goes beyond sentimental value—it is often tied directly to their personal brand. Whether it’s a famous entertainer, a prominent business leader, or an athlete at the height of their career, controlling the narrative of their story is critical to maintaining the integrity of their brand. Unauthorized biographies, sensationalized media portrayals, and one-sided stories can all tarnish a carefully curated image. This can devalue a personal brand. That is why you have a duty to help your client make smart decisions when it comes to protecting their personal brand. Securing copyright protection for personal stories gives the individual control over how their narrative is shared and monetized, allowing them to reap the benefits while safeguarding against exploitation. The Importance of Digitizing Personal Assets One of the first steps in preserving a legacy is ensuring that personal assets, such as family photos, important documents, and memorabilia, are properly digitized and stored. Digital archives are essential for safeguarding a client’s personal history, providing a secure, easily accessible way to preserve these materials for future use. Too often those in the public eye fail to take simple steps to ensure they own key things that they need such as photographs. We see this problem all the time with celebrities and athletes. They can’t even build a website or launch a retail line without having to paying other for a photograph of themselves. How to Digitize Personal Assets Digitizing personal assets requires an organized, thoughtful approach. Start by gathering all relevant materials—photos, diaries, letters, home videos, and any important documents that reflect the client’s life story. These materials should be categorized and cataloged to ensure nothing is lost or overlooked. Once organized, the next step is to professionally scan or convert these assets into digital formats, ensuring they are of the highest quality and can be stored securely. Many high-net-worth clients opt to work with archivists or digital preservation specialists who can handle the process from start to finish, ensuring that the digital assets are both accessible and secure. These assets can then be stored in cloud-based systems, offering easy access for the client and their family, while also protecting against physical degradation over time. Why Digitize? The benefits of digitizing personal assets are manifold: 1. Preservation: Over time, physical materials—photos, documents, tapes—deteriorate. Digitizing these assets ensures they are preserved in their best form for future generations. No more worrying about faded photos or fragile home videos. 2. Access: Digital archives allow clients and their families to access their memories at any time, from anywhere in the world. This ease of access is particularly important for clients with large, dispersed families or those who travel frequently. 3. Copyright and Ownership: Once digitized, these assets can more easily be copyrighted. A digital archive simplifies the process of establishing ownership and ensuring the client retains control over their personal materials. This means the client’s legacy can be legally protected, ensuring it isn’t used without permission. Cinematically Preserving Stories through On-Camera Interviews While digitizing physical assets is essential, the heart of legacy preservation lies in storytelling. Recording high-quality, on-camera interviews with the client, as well as their circle of family, friends, and colleagues, provides a rich source of material that captures their life in a way that documents alone cannot. These interviews offer emotional depth, nuance, and the personal perspective necessary to create a well-rounded narrative. Most importantly, this simple critical step is the essential building block of telling their story. In the world of Hollywood, these materials are referred to as “storytelling source material” the key IP foundation that is utilized to develop screenplays or other works. Typically books that are written about an individual are built on conducting interviews. These interviews are the copyright protected work product of the author or publisher. If the New York Times interviews your client, the New York Times owns that. They have lawyers lined up to protect the work product of that media. If a Hollywood producer wants to develop a streaming series based on a New York Times story or stories, they would license those stories as source material. Our point to you is that the media landscape has shifted to the point that you can advise your client to flip the script a bit and engage their own team to do these valuable interviews so your client owns them like the media outlet. They essentially become their own Hollywood Studio or Media outlet by engaging professionals on a work-for-hire basis so they own the work product. How to Conduct On-Camera Interviews On-camera interviews should be approached with the same level of professionalism as any media production. To truly capture the essence of a client’s story, a team of experienced filmmakers and interviewers is essential. The process typically begins with detailed preparation—understanding the key events in the client’s life, their values, and what they hope to convey in their legacy. Creating a thoughtful interview guide ensures that the conversation flows naturally and covers the most important aspects of their life. It’s also crucial to interview not only the client but also those close to them—family members, close friends, business associates. These interviews help paint a fuller picture of the individual’s impact on the people around them and provide additional perspectives that enrich the narrative. The key element behind this process is to paper everything from a consent standpoint. The producer and crew are hired by the client on a work-for-hire basis. They sign confidentiality agreements in addition to stipulating that they are conveying their rights to the work to the client. Everyone interviewed signs consents to the interview conveying their rights. If interviews are conducted on location, a location agreement is signed granting permission. You get the idea. Why Conduct On-Camera Interviews? 1. Documentary Filmmaking: Cinematically recorded interviews provide the foundation for future documentaries about the client’s life. High-quality footage is a valuable asset that can be used to create professional-grade films showcasing the client’s legacy. 2. Source Material for Screenwriting: These interviews provide authentic source material for screenwriters who may want to adapt the client’s life story for film or television. Firsthand accounts are invaluable in creating engaging, compelling scripts. 3. Writing a Book: Detailed, recorded interviews can serve as the backbone for writing memoirs or biographies. The stories told during these interviews offer personal insight that helps bring a written narrative to life. 4. Licensable Media for Future Use: Cinematically recorded interviews can be licensed for use by media outlets, news organizations, or even educational institutions. This allows the client’s story to be shared with the world, while they retain control and reap the financial benefits. Copyright Protection: Safeguarding Personal Stories Once personal assets have been digitized and interviews have been recorded, the next critical step is securing copyright protection. Copyrighting personal stories and materials ensures that the client’s narrative remains under their control, safeguarding against unauthorized use or exploitation. How to Copyright Personal Stories The process of copyrighting personal stories begins with registering the material through the appropriate legal channels. For written documents, photos, and digitized assets, this means filing with the U.S. Copyright Office or equivalent international organizations. For filmed interviews, copyright can be established on the recorded footage, providing the client with ownership rights over this valuable content. It is recommended that wealth management and estate planning attorneys work with IP specialists to ensure all copyright protections are in place. This step is crucial in turning personal stories into legally protected intellectual property that can be monetized in the future. Why Copyright is Crucial 1. Control and Ownership: Copyright protection ensures that the client retains control over how their story is used. Whether it’s for a documentary, a book, or a television adaptation, no one can use or reproduce their story without permission. 2. Future Monetization: By securing copyright, the client opens the door to future revenue opportunities. Their story can be licensed for use in various media formats, creating a lasting financial benefit for themselves and their family. 3. Avoiding Misrepresentation: Copyright protection is the most effective way to prevent unauthorized use of a client’s story, particularly for public figures who are often at risk of having their narrative distorted by unauthorized biographies or media portrayals. Practical Examples of Personal Stories as Marketable Assets Several high-profile individuals have successfully transformed their personal stories into marketable assets, underscoring the value of preserving and protecting legacies. 1. Athletes and Entertainers: Documentaries like The Last Dance (Michael Jordan) and Miss Americana (Taylor Swift) have become cultural phenomena, showcasing how personal narratives can be monetized and preserved for future generations. 2. CEOs and Entrepreneurs: Business leaders like Steve Jobs and Elon Musk have inspired films, documentaries, and books, all of which generate significant revenue and cement their legacy in the public consciousness. These examples demonstrate the potential financial and reputational value of copyright-protected personal stories. The Role of Attorneys in Protecting Legacies Wealth management and estate planning attorneys have a unique opportunity to offer a holistic service to their clients. By helping clients protect not only their financial assets but also their personal stories, attorneys can offer a more comprehensive approach to legacy building. As your client’s advocate, you have an obligation to help your client understand the value in investing in telling their own story. The media landscape has changed to the point that you can help your client maximize the value of this asset by taking ownership of the storytelling development process. It has never been easier to finance and produce an independent film, self-publish a book, or launch your own retail line. As your client’s attorney, you have an obligation to think through all the ways in which your client’s stories can be monetized. How Attorneys Can Help Clients Protect Their Stories Attorneys play a crucial role in helping clients navigate the legal landscape of copyright protection and intellectual property. By partnering with professionals who specialize in storytelling and digital archiving, like STORYSMART®, attorneys can offer their clients a seamless way to safeguard their legacies. Conclusion A personal story is more than a memory—it’s a valuable asset that, when properly protected, can generate financial and emotional benefits for years to come. By digitizing personal assets, conducting cinematic interviews, and securing copyright protection, clients can ensure their legacies are preserved and monetized in a way that reflects their values and accomplishments. Wealth management and estate planning attorneys have the opportunity – and I believe obligation - to enhance their client relationships by helping protect these stories. In partnership with professionals like STORYSMART®, they can safeguard the legacies of high-profile individuals, ensuring their stories remain intact for future generations. Now is the time to think beyond traditional asset management and consider how storytelling can add lasting value to your client’s estate. About STORYSMART® Nothing is more enduring than a beautiful film that brings a story alive on screen and in our hearts. Great stories demand nothing less than cinematic Hollywood storytelling. STORYSMART® specializes in helping mission-driven organizations and public figures make the most of their story using a proprietary approach that blends Hollywood cinematic storytelling with museum-like collection curation and story-focused brand licensing. STORYSMART® redefines Hollywood production by partnering with clients to develop their story into a film, allowing them to control their IP rights and benefit financially as their story is produced by the best filmmakers and storytellers.
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