Blanch v. Koons
United States Court of Appeals for the Second Circuit
467 F.3d 244 (2d Cir. 2006)
Photographer Andrea Blanch (plaintiff) shot a woman's legs and feet for a cosmetics ad meant to evoke sexuality. Artist Jeff Koons (defendant) cut out just the legs, altered their orientation and coloring, and combined them with other imagery in a painting meant to comment on how magazines mediate consumer appetites. Blanch sued for copyright infringement; she admitted at trial that Koons's use had not harmed her career or the market for her photo. The district court found fair use, and Blanch appealed.
Whether a work is transformative for fair-use purposes if it adds something new, with a further purpose or different character, altering the original with new expression, meaning, or message.