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This is kind of funny, given that "Estate of Andy Warhol vs a photographer of a picture he used" is in front of the supreme court right now, suggesting it might
by detaro 4y ago
This is kind of funny, given that "Estate of Andy Warhol vs a photographer of a picture he used" is in front of the supreme court right now, suggesting it might not be that clear-cut?
- shadowgovt 4y agoThe question of whether something is transformative isn't always clear-cut, but when it is ruled transformative, it's independently copyrightable. (IANAL, but personal opinion: appeals whiffed on this one and SCOTUS is going to give them a gentle wrist-slapping. Yes, there is a certain aspect of deciding the transformative nature of a work that requires the judge to step into the role of art critic. The nature of the test is to decide if a new work adds significant creative elements, and that's inherently subjective; the existence of the test doesn't let a judge dodge the art-critique responsibility).