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SCOTUS Says Warhol Not So Fast: The Limitations of Transformative Use

The Art Law Podcast

CHAPTER

The Solicitor General's Discussion at Oral Argument

Before, courts looked at the creation of secondary artwork infringement or a fair use. Now they're looking at every single use of that artwork and it seems like a pretty big change itself. It's not creating an artwork that looks differently but isolated to discrete uses. But I don't know, people like when you put that on to the visual art context, it's a little awkward because you have Warhol creating an artwork,. You have Richard Prince creating an artwork.

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