mr. martinez's background when we last discussed this nomination. in september. mr. martinez was then labeled, accused actually, somehow of being a chavez ista or mad upo regime -- maduro regime sympathizer. i want to tell you about leo's personal history of, because that personal history is a significant and painful one, and it suggests that him being branded as a chavezista could not be further from the truth. yes, leo martinez is a former venezuela politician. he was elected to his role in the venezuelan parliamentarian in opposition to hugo chavez. his consistent, strong, and public opposition to chavez resulted in his persecution by that regime. for this reason he had to flee to the united states in 2005, to escape persecution by a regime and a very real threat of imprisonment. the regime confiscated all of his family's assets. the idea that someone who had the courage to risk his life to oppose chavez, who quite literally fled from the regime's attacks, who's had his family wealth seized by the chavez regime, who is in the united states and eligible for this nom

mr. martinez. >> mr. chief justice, and may it please the c both courts below agreed and goldsmith doesn'tpute that warhol's prensa series can reasonably be perceived to convey a fundamentally different meaning or message from goldsmitographs. the question in t case is whether that different meaning or m should play a role, any role, in the fair use analysis i'll answer is yes. warhol's transformative meaning put points on the board und factor one of the fourtor balancing test. goldsmithnhe second circuit say no. warhol'seweaning is categorically irrelevant and can't be considered as part of factor one or any other factor. i wan t emphasize three points. first, the president suppos us. campbell ambiguously requires an examination of meaning or message. google reaffirms that test and sites warhol's soup cs as a example of when it is satisfied. goldsmith test is at odds with both cases. second, our approach unlike goldsmith's maintains a balce between protectin aists rights to monetize their works and encou

mr. martinez. >> mr. chitice, and may it please the court. goldsmith doesn't dispute that ol's prensa series can reasonably b perceived to meaning or message fromdifferent goldsmith photographs. the que in this case is whether that different meaning or message should play a rol any role,n the fair use analysis. i'll answer is yes. warhol's transformative meaning put points on t board under factor one of the four factor balancin tt. goldsmith in the seconircuit say no. warhol's new meaning is cagocally ielevant and can't be consire as part of factor one or any other factor. i want to emphasize three points. first, the president supports . campbell ambiguously requires an exination of meaning or message. google reaffirms that tt and sites warhol's soup cans as a example of when it is satisfied. goldsmith test i a odds with both cases. second, our approach unlike goldsmith's maiai a balance between protecting artists rights to mete their works and encouraging new and importantolw-on expression. we giv follow-on artists credit for innovation at f

mr. martinez. >> mr. chief justice, and may it plhe court. both courts bel agreend goldsmith doesn't dispute that warhol's prensa series can rely be perceived to conv fundamentally different meaning or message from smith photographs. the question in this case is r that different meaning or message should play a role, any role, in the fair use ysis. i'll answer is yes. waol's transformative meaning put points on the board under factor one of theour factor balancing test. ldith in the second circuit say no. waol's new meaning is categorically irrelevant and can't be considered as part of factor one or any other factor. want to emphasize three points. first, the presintupports us. campbell ambiguously requisn examination of meaning or sse. google reaffirms that test and sites warhosoup cans as a example of when it is satisfied. goldsmith test is at odds with th cases. second, our approach uik goldsmith's maintains a balance betweenrocting artists rights to monetize their works and encouragi n and important follow-on expreio. we give folw- artist

mr. martinez. >> mr. chief justice, and m please the court. both courts below agreed and goldsmitsn't dispute that warhol's prensas can reasonably be perceived convey a fundamental different meaningessage from goldsmith photographs. the question in this case is whether that different meaning or message should play a role, role, in theair use analysis. i'llr is yes. warhol's transformateaning put points on the boa under ctor one of the four factor balancing test. goldsmith in the second circuit say no. warhol's new meaning is categorically irrelevant a can't be considered as pt of factor one or any other facto i want to emphasize three points. first, the president supports us. cabell ambiguously requires an examination ofeang or message. google reaffirms that test and sites warhol's soup cans as a examef when it is satfi. goldsmith test is at oddsith both cases. cond, our approach unlike gosmh's maintains a balance between protecting artists rights to monetize their wor and encouraging new and important follow-on expression. we give follow-on a

mr. martinez? >> thank, u ur honor. i want to address three things.ning a message slash purpose, indispsality, usefulness, it's a city, the consequences this case. with respect to meetinor message, i understood my friend miss blatt to concede, she sd it was absolutely true that you could consereaning or message at factor one as part of the purpo iuiry. she said that. i took that to be a very big difference from what she said in her brief. page two of her brief, she said it would be a fools errand to conduct that analysis. on page 22 of her brief, she said that courts are just incapable of doing this. think that's a very significant concession, and agree with that concession. we think that it reqrea reversal in this case, at least a vacatur of the second circuits ruling. on page 22 to 23 of the second circuits analysis, i think they were unambiguously saying that courts cannot y do this meeting or message inquiry. then they go on to say, instead, you need to look at the degree of visual simiri. i'm not sure what the government's posioexactly, is whethe

mr. martinez, i think one of the problems you have as evidenced by a lot of the estions you've been getting is with the derivative works protection which i 106-two actually talks about transforming any other form in whic t work may be recast, transforme o adapted. it seems to me like your test, this being a message test c risks stretching the concept of transformation transmission so brond it kind of eviscerates factor when factor four.f the emphasis on when you been asked about book to movie and songs, keep flipping to facto. so if a work is derivative, like lord of the rings, you know, book to movie, is your answer just like that's a new meaning or msa, it's transformative, so all that matters is four >> i don't think that lord of the rings has a fundamentally different meaning or message, but but i would have to probably -- >> the movie? learn more and read the books and see the mie to give you a definitive juden on that. recognized reaso people can probably disagree on that. with respect to theerivative work issue i think textually it'smportant that in secti 106 it's talking about deriv

mr. martinez. your majesty. i'm sorry. i am into it is just a suggestion. but i know while you're here, it's devil time having felipe then takes a training session with the likes of kevin the brainer before revealing a tattoo of belgium as will champions. the team has qualified for 8 of last 10 finals. they based finish were food 4 years ago. that's all he woke up needs for now. tom. thanks peter. well, that's all for me for this news. i'll be back in just a moment with more of the day's news. ah. ah good with for generation football hosts for the french captain, latrice everett, you never content because you keep chasing, waiting, waiting, waiting for an illuminating open conversation. there are very few for all that they can about the child abuse. as you have done, i am a human being and i think we need to help each other and also showcases the incredible story of the football. this is flood afghanistan to escape the tele generation football episode won on al jazeera award winning documentary is from around the world on al jazeera, a korean reporting to t

mr. martinez. oh, your majesty. i'm sorry. i didn't mentor it is just a suggestion, but i know or you're here. it's devil time. king felipe then takes a training session with the likes of kevin bruno before revealing a tattoo of belgium as will champions. the team has qualified for 8 of the last 10 finals. they best finish was food 4 years ago. that's all the world cup needs from our judy. it's betsy. you in london? peter, thank you so much. you can of course find that much more about the stories for falling on our website. lots of video on demand and extra articles there at al jazeera dot com. well, see you in just a sec, bye bye. ah ah ah, ah ah, there was a time to be direct. they're basically on the verge of legalizing racial, jerry battery to cut through the rhetoric. this isn't a universal death felony crisis. the seems to be one of particular populations to dismantle the sound bites. there are lots and lots of women are likely agenda a kind of anti feminist agenda and demand the truth. those are signs of fascism. we hav