The New York Times article lays out the case, and asks three important questions, central to artists of the 21st century and our understanding of art today: "What is art? At what point does artistic freedom end and copyright infringement begin? And will enforcing copyright restrictions deprive artists of their First Amendment rights?" Contemporary artists like Jeff Koons and Damien Hirst are constantly pushing the boundaries. In their defense lawyers argue that these artists take the everyday, the mass culture and the mundane, and elevate it to a new meaning. By blowing the original up, or encasing it, the artist gives imparts a new found symbolism on the artistic work. However, artists like Jeff Koons are increasingly testing those boundaries. This is where fair use comes into play. When is something not quite transformative enough? When is the original work lost, and when this happens this is unjust to the original artist. This article brings up these issues and gets us asking where the boundaries lie and how to decide when they are crossed. It is a problem in the art world that is encapsulated in the controversy of Koons' work but reaches far beyond it.