The Cardozo Law “Barking Up the Wrong Tree: An Exploration of Intellectual Property Law Protections Following Bad Spaniels and Andy Warhol” copyright panel focused on copyright law discussed how the Warhol opinion should have been structured, and acknowledged the correctly decided elements of the decision.

The panelists presented arguments for how antitrust law can better inform the transformative use assessment when determining fair use of copyright, how the Court incorrectly conflated commercial licensing with the fair use defense, and why its decision in Warhol was right to reject an application of patent law’s prospect theory to copyright’s derivative work right.