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But Warhol did not intend to reproduce Prince. He intended to mass produce images of a celebrity in one of his “factories”.


We could discuss reproduction as a vibe, but it's easier and more falsifiable to discuss it as taking a photograph of a work, separating its colors, using those color separations to create plates (whether physical or digital), and using those plates to direct the application of dyes to a surface.

We can't deny that Warhol both intended to do and did that to the photograph.


> it's easier and more falsifiable to discuss it as taking a photograph of a work, separating its colors, using those color separations to create plates (whether physical or digital), and using those plates to direct the application of dyes to a surface.

You can't determine whether a usage falls under fair use just by looking at the end product without considering the intent though.


“No your honor I did not steal the painting off the gallery walls. I made a performance art piece, a derivative work, about art theft.”

Awfully convenient eh?


Copyright infringement is not theft.

A video of someone stealing a piece of art from a gallery does not infringe the copyright of the art being stolen. It is still theft, though.




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