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I don't think that's what they are saying. I think what they are saying is that we should try to construct laws to maximize net utility for society and this is

• mannykannot 4y ago
  To anyone persuaded by this argument: consider that net utility could undoubtedly be increased by any number of redistributions of your net worth. In fact, it would arguably be easier to make this case than the one for the work in question. If the Warhol Foundation wishes to make this utility argument, it should first put all Warhol’s work into the public domain.
• ethanbond 4y ago
  The imperative to “maximize net utility for society” would yield so many wild results that this question would be rendered well beyond pointless. In any case, I believe that the negative utility created by no original artists producing work because people like Warhol rip them off and mass produce (not to mention the [IMO] negative utility of distorting society’s expectations of art and artists) would far outweigh the utility of someone enjoying a slightly distorted version of an original piece. So even if that were society’s imperative, it’s not at all self-evident Warhol’s actions are positive utility and should be accepted.