The Warhol Foundation argues that its appropriating prints transform the photograph, too, because they have a different meaning and message. The original photo was just supposed to be a picture of Prince, but Warhol’s work was meant to be a statement about “the dehumanizing effects of celebrity culture in America,” Martinez said.Chief Justice John Roberts seemed to agree that kind of transformation was possible, but he voiced concerns.
To be fair use, the new art doesn’t just have to be transformative, it has to be different enough that it doesn’t compete as a substitute for the original work in the art market. That could pose a problem for the Warhol Foundation. Goldsmith’s photo was taken for an article about Prince for Newsweek, and Warhol’s piece was used in an article about Prince for Vanity Fair.
“from my cold dead hands…”
The interesting take is a kid with photoshop could recreate the Warhol image in seconds with minute changes to posture, color, etc! Is that new art?
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