All I can do is outline the main points on which Sotomayor ... of Warhol’s use is that it is a commercial licensing of an image, created by Warhol but undeniably based on Goldsmith’s work, for a fee ...

when the magazine commissioned Warhol to create a silkscreen work based on Goldsmith's photo and then used an image of Warhol's piece to accompany an article they ran that year about the musician.