The majority opinion is, to put it mildly, a fucking disaster. There are four factors to fair use, and in this case, it's pretty clear that the fourth factor (t

The majority opinion is, to put it mildly, a fucking disaster. There are four factors to fair use, and in this case, it's pretty clear that the fourth factor (the effect on the market use) is fairly disastrous for Andy Warhol, and would be sufficient to find the use here non-fair. But SCOTUS took up only the question of "what the hell does factor one mean", and the majority opinion basically decides they want to import the fourth factor into factor one in order to answer the question. Also, the sheer lack of comity between majority and dissenting opinions is... yikes. Kagan and Sotomayor are basically calling each other idiots throughout their respective opinions.