The Supreme Court Contemplates the Meaning of Art

When I wrote about the Supreme Court’s decision to take up Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith last March, I wrote almost in jest that the justices would have to answer an age-old question: “What is art?” On Wednesday, the justices wrestled with just that issue—and how the law should treat “derivative” or “transformative” works of it. It’s unclear how the court will come down in this case, but a victory for either side could have broader implications for the boundaries of fair use and copyright across American culture.