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

The Art Law Podcast

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The Warhol Foundation's Appeal From the Second Circuit Court of Appeals

A fair use discussion is not limited to those four factors, but Section 107 says that the courts are to look at the purpose and character of the use. The Warhol Foundation only appealed on that first factor. And I think that's because in general and jurisprudence over the past 10 years, that first factor has become almost determinative of a fair use analysis.

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