Only Justice Elena Kagan, joined by Chief Justice John Roberts, seemed to understand the very real danger of the decision.
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The Supreme Court held that Warhol’s print was not “transformative” in a 7–2 opinion by Justice Sonia Sotomayor, with only Kagan and Roberts dissenting. Sotomayor’s analysis of the two works was cursory at best; she wrote that Warhol made “modest alterations” to Goldsmith’s picture, creating a painting that “crops, flattens, traces, and colors the photo” but otherwise preserves its “essential nature.” There’s no “transformation” here, Sotomayor concluded, just a tweak to the original.
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