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The Warhol Foundation argues that what it calls the Second Circuit’s “visual similarity” approach—which focuses on assessing the visual similarities between the two works to the exclusion of assessing their respective meanings or messages—conflicts with the Supreme Court’s instructions in Google and Campbell v. for Visual Arts, Inc.
Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the publicdomain and, therefore, available for everyone to copy. It is no surprise that the legalities of the publicdomain are more complicated than the headlines suggest. But not so fast.
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