Andy Warhol did not secure licensing rights when he created his iconic Campbell’s soup can in 1962 (and his estate certainly didn’t gain anything from the recent ten million dollar resale of “Four Campbell’s Soup Cans”). You can bet that Campbell’s and Target dotted their I’s and crossed their T’s when it came to properly licensing Warhol’s work from the Andy Warhol Foundation for the current special run of a million-plus cans of Warhol-inspired tomato soup labels.
The Warhol Foundation has made headlines for more copyright issues this month: it and the Velvet Underground have been locked in battle over who owns the rights to Warhol’s banana used on the cover of the 1967 album “The Velvet Underground & Nico.” According to the Associated Press, federal judge Alison Nathan of New York recently eliminated the copyright claim and left trademark claims in place.