[Noah Feldman] The pro-artist, anti-art ruling
May 23, 2023
The Supreme Court has sided with individual artists -- but against art itself. In a fascinating copyright decision that transcended ideological lines, the court held that Andy Warhol’s distinctive reworking of a photograph of Prince did not count as fair use, thus requiring the Andy Warhol Foundation to compensate the original photographer. The upshot is that little-guy artists win, because they now have more rights than they had before to claim credit for works re-used by others. But art