The Supreme Court’s decision in Warhol Foundation v. Goldsmith declares a significant blow to the transformative use doctrine, thus affecting the nature of artistic creation.
Justice Kagan’s dissent captures the majority's failure to recognize the creative value added by artists when they use existing works to inspire new art.
The ruling threatens not only Warhol's legacy but also raises concerns about how modern artists can navigate copyright law when drawing from the works of others.
Warhol’s iconic Marilyn prints, based on original photographs, illustrate the deep historical relationship between different artists, often built on inspiration and reinterpretation of existing images.
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