Jeanne Fromer's reaction to the recent Warhol fair use decision was that (to put the matter mildly) "fair use in art has become a bit messy in the Second Circuit with each panel pointing in a somewhat different direction" and to "hope the Second Circuit uses one of its rare en bancs to revisit this decision ...."
The Warhol Foundation has now petitioned for rehearing, and rehearing en banc, which you can read here. Blake Gopnik gets a shout-out in one of the footnotes.
