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Elena Kagan, Sonia Sotomayor trade jabs in Andy Warhol copyright case
NY Post ^ | 05/18/2023 | Victor Nava

Posted on 05/18/2023 4:20:29 PM PDT by BenLurkin

Supreme Court Justice Elena Kagan appeared to take umbrage at Justice Sonia Sotomayor’s majority opinion in a copyright case involving Andy Warhol and Prince, telling readers in her dissent that she would trust their “good judgment” rather than counter her colleague’s “fistfuls of comeback footnotes.”

The shot at Kagan’s fellow liberal came in a lengthy second footnote of her dissent, which several Supreme Court observers found “interesting” and “noteworthy.”

Kagan and Chief Justice John Roberts were the only justices that didn’t rule in favor of music photographer Lynn Goldsmith’s claim that the the Andy Warhol Foundation for the Visual Arts improperly licensed a work by the famous pop artist which used a photograph of the late musician Prince taken by Goldsmith.

(Excerpt) Read more at nypost.com ...


TOPICS: Miscellaneous
KEYWORDS: elenakagan; kagan; scotus; soniasotomayor; sotomayor
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1 posted on 05/18/2023 4:20:29 PM PDT by BenLurkin
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Pathetic all around: https://nypost.com/2023/05/18/elena-kagan-sonia-sotomayor-trade-jabs-in-andy-warhol-case/


2 posted on 05/18/2023 4:21:05 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: BenLurkin

A dog fight.


3 posted on 05/18/2023 4:23:08 PM PDT by Trump_Triumphant ("Our hearts are restless, Oh Lord, until they rest in thee"- St. Augustine)
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To: Trump_Triumphant

‘A dog fight.’

Female dogs at that.


4 posted on 05/18/2023 4:28:00 PM PDT by Migraine
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To: BenLurkin

Sounds like a judicial bitchslapping to me


5 posted on 05/18/2023 4:31:12 PM PDT by Brandonmark (November 2024 cannot come soon enough!)
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To: BenLurkin

This kind of garbage is why SCOTUS is “too busy” to see 1st and 2nd amendment cases???


6 posted on 05/18/2023 4:40:27 PM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: BenLurkin

They should both just shut up, and go make sandwiches for Justice Thomas.


7 posted on 05/18/2023 4:54:56 PM PDT by hinckley buzzard ( Resist the narrative.)
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To: BenLurkin

I’ll buy the mud...


8 posted on 05/18/2023 4:54:59 PM PDT by SuperLuminal (Where is the next Sam Adams when we so desperately need him)
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To: BenLurkin

Interesting grouping.


9 posted on 05/18/2023 5:01:55 PM PDT by nickcarraway
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To: SuperLuminal
> I’ll buy the mud...

"Yer gonna need a bigger mud puddle..."

10 posted on 05/18/2023 5:03:41 PM PDT by dayglored (Strange Women Lying In Ponds Distributing Swords! Arthur Pendragon in 2024)
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To: BenLurkin

Wonder if Warhol would have been in favor of mutilating children’s sex organs?


11 posted on 05/18/2023 5:09:47 PM PDT by Leep (Hillary will NEVER be president! 😁)
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To: BenLurkin

The country is going to hell, they won’t take important cases but this is what they quibble about? Some stupid copyright case involving a guy who’s been dead for 36 years? Bunch of fools.


12 posted on 05/18/2023 5:23:33 PM PDT by mikey_hates_everything
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To: mikey_hates_everything

They took it because it’s going to be a defining moment for other artists in copyright cases. Sounds superficial unless you’re the artist getting ripped off financially.


13 posted on 05/18/2023 5:36:00 PM PDT by leaning conservative (snow coming, school cancelled, yayyyyyyyyy!!!!!!)
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To: BenLurkin

Not really. I’m in this line of work, and you folks are reading way too munch into this.


14 posted on 05/18/2023 5:40:13 PM PDT by theoilpainter
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To: BenLurkin

15 posted on 05/18/2023 5:52:08 PM PDT by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. #FJB)
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To: theoilpainter

My artist friend was a part of that group in the early 60s, and my favorite feminist shot Andy Warhol.


16 posted on 05/18/2023 5:56:15 PM PDT by ansel12 (NATO warrior under Reagan, and RA under Nixon, bemoaning the pro-Russians from Vietnam to Ukraine.)
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To: theoilpainter

Some time back, I was obliged to read many Appeals Court and Supreme Court decisions including a variety of US Supreme Court rulings and noted then that over time the decisions became flabbier and flabbier. Dignity disappeared from the very language of the opinions along with brevity and clarity. The decisions began to be overladen with bloated and often slanted expositions on the factual backgrounds of the case.

Glancing over today’s decision in the Warhol case... https://www.supremecourt.gov/opinions/22pdf/21-869_87ad.pdf...I find that the quality of writing has deteriorated even further to the level of a lifestyle magazine article.


17 posted on 05/18/2023 6:07:37 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: BenLurkin

Could Campbell’s Soup sue the Warhol estate?


18 posted on 05/18/2023 6:08:16 PM PDT by x
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To: x

The majority opinion finds a way to differentiate the two.


19 posted on 05/18/2023 6:09:44 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: BenLurkin

Good Lord - Kagan and Roberts are RETARDS.

So basically - Goldsmith photographed Prince back in 1981 and, back in 1981, Andy Warhol paid her $10k to use the photograph as the basis for a painting to be published, one time, in another magazine.

Almost 40 years later, after Prince died, Conde Nast asked the Warhol foundation to reprint the painting and paid the Warhol foundation for its use. Neither Conde Nast nor AWF consulted Goldsmith for permission to do so.

Kagan AND ROBERTS here claim that the painting was an original work and thus no need to pay Goldsmith anymore.

EXCEPT that’s not what the original contract stated - Warhol paid for a ONE TIME license for ONE publication and Kagan and Roberts basically wave that away because... “art”.

It’s BS and both of these, so-called, judges obviously have no understanding of law and should RESIGN IMMEDIATELY.


20 posted on 05/18/2023 6:11:52 PM PDT by Skywise
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