My very quick take on Warhol v. Goldsmith is that the focus on whether the defendant’s work competes commercially with the plaintiff’s is the fourth factor invading the first, and that this will be bad news for generative AI once the dust settles.
@jtlg It's bad news for literally everyone except those who happen to have already created works. The idea that you can create a transformative work but you can't sell it because selling isn't transformative is . . . just freaking nuts.