Why Warhol Is Bad Precedent and Worse Art

The Supreme Court's Warhol Foundation v. Goldsmith decision sets a dangerous precedent for artists and creators and basically destroys factor 1 of the fair use analysis. No matter how transformative a work is, as long as it's barely recognizable, it's still a copyright violation!

This ruling is already being used to stifle creativity and hinder the progress of art, literature, and music.

Andy Warhol Foundation v. Goldsmith https://www.supremecourt.gov/opinions/22pdf/21-869_87ad.pdf

Andy The Appropriator: The Copyright Battles You Won’t Hear About at The Whitney’s Warhol Exhibit | The Columbia Journal of Law & the Arts https://journals.library.columbia.edu/index.php/lawandarts/announcement/view/112

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0:00 - Intro
1:45 - What Makes a Photo Expressive Art?
3:47 - Warhol Foundation v. Goldsmith
4:52 - The District Court Ruling
5:54 - The Second Circuit Ruling
7:11 - Sotomayor's Majority Opinion
11:09 - Gorsuch's Concurrence
13:19 - Kagan's Dissent (Joined by Roberts)
17:27 - Artists Always Take from Previous Works
19:26 - Warhol's Marilyns
22:45 - Why the Two Are NOT Market Substitutes
24:20 - Almost All Art Is Derivative
28:38 - Reducing Warhol's Work to an Instagram Filter
33:47 - This Decision Impedes, Not Promotes, the Progress of Science and the Useful Arts
36:43 - The Consequences to the Small Artists