News for hackers. Stuff that matters.
Re:Does Andy Warhol get same copyright treatment as Google c... by hn_throwaway_99 on Friday April 23, 2021 @05:31PM (#26919441)
Quoting Google v. Oracle is really grasping at straws in my opinion. The SCOTUS opinion in Google v. Oracle was actually quite insightful and clear in that the need for the "line-for-line" copying of just the API declarations was the bare minimum needed for interoperability in the world of software.

None of those concerns exist in this case of Warhol copying a photo of Prince. There may certainly be other reasonable reasons for or against Warhol's use of the photo on fair use grounds, but the Google v. Oracle case is not one of them.

Re:Does Andy Warhol get same copyright treatment as Google c... by spullara on Friday April 23, 2021 @07:44PM (#26920602)
Since the ruling actually mentions Warhol using commercial advertisements in his artwork I'm somewhat convinced by their argument.

From the ruling:

In answering this question, we have used the word “transformative” to describe a copying use that adds something new and important. Campbell, 510 U. S., at 579. An Cite as: 593 U. S. ____ (2021) 25 Opinion of the Court “‘artistic painting’” might, for example, fall within the scope of fair use even though it precisely replicates a copyrighted “‘advertising logo to make a comment about consumerism.’”

Re:Does Andy Warhol get same copyright treatment as Google c... by mattmanser on Friday April 23, 2021 @08:06PM (#26920747)
IANAL but isn't there a massive difference between an artist making a comment on a totally unrelated field (art world commenting on the business world), and copying a product to use for the same purpose (i.e. a business copying another business's API).
Re:Does Andy Warhol get same copyright treatment as Google c... by throwaway8581 on Friday April 23, 2021 @11:11PM (#26921933)
Yes, one of the fair use factors is whether the infringing use is a market substitute. No one is buying a Warhol painting of Campbell soup instead of real Campbell soup.
Re:Does Andy Warhol get same copyright treatment as Google c... by p1mrx on Saturday April 24, 2021 @02:12AM (#26922659)
This cost too much, and the taste is off.
Re:Does Andy Warhol get same copyright treatment as Google c... by BardRT on Saturday April 24, 2021 @12:43AM (#26922299)
"the need for the "line-for-line" copying of just the API declarations was the bare minimum needed for interoperability in the world of software."

I would argue that the use of the Goldsmith art to create the silk screens was needed for the "interoperability" of the statement warhol was trying to make.

The fact that it IS specific, recognizable art is what makes the actual mental connection, a sort of "API of the psyche", if you will, and hopefully conveys the desired information to the endpoint, or viewer.