plates.”In prior cases, Kagan wrote, the court asked if the “copier” added something new that altered the original with new expression, meaning or message, and when it did so, the work was found to be fair use.“But today’s decision—all the majority’s protestations notwithstanding—leaves our first-factor inquiry in shambles.
The majority holds that because Warhol licensed his work to a magazine—as Goldsmith sometimes also did—the first factor goes against him.”The dissent called this a “doctrinal shift” that “will impede new art and music and literature.” “It will thwart the expression of new ideas and the attainment of new knowledge.
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