Or course this is a matter of interpretation and we are deciding on degrees, but here is an example of what transformative is:
The case that Baio is relying on is Blanch v. Koons. Here is the original work: http://newsgrist.typepad.com/underbelly/images/silksandals.j...
Here is the work of the subsequent artist who was found to be "transformative": http://newsgrist.typepad.com/underbelly/images/koonsniagara_...
Can we agree that Baio's work doesn't arise to the level of transformativeness that the Koons work did?
