In the digital age, questions of copyright and fair use have become increasingly complex, particularly in the realm of art. A recent Wired Magazine article explores the intersection of fair use, generative AI, and two iconic artists: Andy Warhol and Prince.

A legal dispute erupted between the Andy Warhol Foundation and the photographer Lynn Goldsmith. Goldsmith had taken a photograph of Prince in the 1980s, and Warhol later used that photograph as the basis for a series of silkscreens. The Foundation argued that Warhol's use of the photograph constituted fair use, as it transformed the original image into a new work of art.

However, Goldsmith countered that Warhol's use of the photograph was not transformative, as the silkscreens merely reproduced the photograph with minor alterations. The case ultimately settled out of court, but the debate over fair use and transformative art continues to rage on.

The article also touches on the use of generative AI in art, which raises similar questions about transformative use and copyright. Can an AI-generated work be considered transformative if it is based on existing copyrighted material? Or does it simply constitute a copy with minor alterations?

The article ultimately concludes that the question of fair use in the digital age is far from settled, and that each new development in art and technology will likely raise new legal questions. As artists continue to push the boundaries of what is possible with technology, it will be up to courts and lawmakers to navigate the murky waters of copyright law and fair use.