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is it art or copy of photo?

interesting brouhaha developing between photographer and the Andy Warhol foundation, over rights to a Prince image that Andy used for a series of interpretative portraits. Is it an unlicensed copy or properly-done derivative art? Apparently the foundation is eager to get this adjudicated and forestall any similar actions.

Here is the article reference.
Andy Warhol estate preemptively sues photographer over infringement claims


prince warhol goldsmith.jpg
 
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