Which statements regarding Koons' use of Rodgers' photograph and the fair use doctrine are true?

• A. I and IV
• B. II and III
• C. I and II
• D. III and IV

Answer: (A)

In fair use, two factors often carry the most weight in art cases: whether the use is transformative and whether it harms the market for the original work. Koons took Rodgers’ photograph and repurposed it into a sculpture, which changes the image from a fixed photograph into a new, three-dimensional artwork with a different purpose and meaning. That transformation adds new expression and commentary, rather than simply copying the photo, which supports treating the work as fair use.

Another important point is the market effect. The sculpture occupies a different, downstream market from the photograph (fine art sculpture versus a photograph). Because the new work serves a different purpose and audience, it’s less likely to substitute for or undermine the photographer’s market for the original image. This lack of direct market harm further supports a fair-use finding.

So the statements that line up with transforming the photograph into a new form and that emphasize no direct market harm are the ones that fit best with fair use in Koons’ use of Rodgers’ photograph. Statements suggesting the use isn’t transformative or that it substantially harms the photographer’s market would be less consistent with the fair-use analysis in this context.