Abstract
Our study explores the rhetorical demystification of artistic “license” via an analysis of United States Supreme Court Justice Elena Kagan’s dissent in Andy Warhol Foundation for the Visual Arts, Inc., v. Goldsmith et al. (2023). The case question presented revolves around what constitutes transformation in a work of art. The Writ of Certiorari determines the Question Presented: Whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as this Court, the Ninth Circuit, and other courts of appeals have held), or whether a court is forbidden from considering the meaning of the accused work where it “recognizably derived] from” its source material (as the Second Circuit has held). A metaphor sorting chart (see Appendix) derived from the official case transcript provides a framework for analysis.
Author Information
Lin Allen, University of Northern Colorado, United States
Betty B. Brown, University of Northern Colorado, United States
Paper Information
Conference: ECAH2024
Stream: Arts - Arts Theory and Criticism
This paper is part of the ECAH2024 Conference Proceedings (View)
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To cite this article:
Allen L., & Brown B. (2024) Artistic “License”: Kagan’s Charismatic Dissent in Warhol v. Goldsmith ISSN: 2188-1111 – The European Conference on Arts & Humanities 2024: Official Conference Proceedings (pp. 111-123) https://doi.org/10.22492/issn.2188-1111.2024.11
To link to this article: https://doi.org/10.22492/issn.2188-1111.2024.11
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