That is the tantalizing title of Brian Frye’s latest work-in-progress. Among other things, my colleague and friend tells the story of Warhol v. Goldsmith — a case I have blogged about before; see here — and how this case might transform (pun intended) the fair use doctrine. Also, check out Professor Frye’s full SSRN webpage. All 112 (at last count) of his scholarly papers are licensed “CC0/public domain”, so his readers are free to use them in any way we want!