[enkrs]

If I look at the Warhols image I can say: “That’s clearly a Warhol image”

I would not say “That’s clearly a pose, framing and likeness done by Goldsmith“. The source photo for the work was just another photo of Prince.

To me that is fair use

[sbuk]

That doesn't mean that there is no value in the original work. It just shows that you are ignorant of the photographers work. That's not meant to be derogatory, just a simple fact. Doesn't change that Warhol should have sought permission either.

[lelanthran]

> That doesn't mean that there is no value in the original work.

That's not a claim anyone is making.

[sbuk]

> "The source photo for the work was just another photo of Prince."

Sounds pretty dismissive of the original photo's value to me...

[tiahura]

The claim is that it’s fair use because they recognize Warhol’s style. That doesn’t seem like a good test for fair use.