In a copyright battle with major implications, the justices heard arguments in a dispute over whether the artist's alterations to a photograph of Prince should be considered a new work.
on a prominent photographer’s work? That question was before the U.S. Supreme Court on Wednesday, as it grappled with the potentially massive consequences of a case that could change the landscape for art that’s created using other art.
Several justices observed the possible implications. “Why can’t we imagine that Hollywood can take a book and make a movie about it without paying?” Justice Clarence Thomas asked a lawyer for the Andy Warhol Foundation. Justice Elena Kagan raised the opposite concern, mainly how a ruling against Warhol could chill artistic expression. “The purpose of all copyright law is to foster creativity,” she said. “Why shouldn’t we ask if the thing we have here is new and entirely different.”
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