Comment Re:Additional Equally Banal Comment (Score 1) 172
The key to this is that Mooney is "transforming" Prince's "work" in exactly the same way he "transformed" hers. If her use is infringing, so is his. The "transformation" of simply making a large printout isn't going to fly. Copyright doesn't depend on the size or transmission method.
I don't think that argument is going to fly, because you could argue the same about landscape photography. Nature isn't copyrighted and you could have been at the same place at the same time choosing to capture the same image. Yet that particular image is copyrighted. I think the argument will be that even though it's transformational, it is also part original. Imagine for example a news article, even though it may quote pieces of a book for context, it clearly also contains a lot of the journalist's original thoughts.
This isn't actually new ground, it's been thoroughly reviewed with songs and compilation albums, photographs and photobooks and many other situations. The selection, structure and composition may give rise to a new copyright on making that particular arrangement. I can license all the songs of one of the "Absolute hits" CDs, yet I can't make the exact same compilation CD. Then again, I think you'd have a strong case for a "fair use" defense of anyone using your work in a "fair use" way.