When Is a Warhol Not a Warhol?
The Supreme Court, which is no stranger to the big questions of American life, took up a sizable one on Monday: What is art? The case, Andy Warhol Foundation for the Visual Arts v. Goldsmith, centers around a dispute over whether the pop-art legend violated a photograph’s copyright when creating one of his iconic tableaus of modern celebrity. Resolving it will require answering a host of interesting questions: Where does copyright end and the First Amendment begin? When is a work of art simply derivative, and when is it truly transformative?