Evaluate whether sheela is protected by fair use


Problem: Sheela Suarez is a well-known artist who uses parts from old cars to create sculptures. During the 2016 campaign for president, she created sculptures of Hillary Clinton and Donald Trump using parts from old limousines, claiming that she selected parts from limos because the candidates represented the interests of wealthy Americans. She modeled her sculpture closely off a photograph that was published on the front page of a national newspaper following a debate between the two candidates. She eventually sold the sculpture for one million dollars. The newspaper that owns the rights to the photograph that served as the model for her sculpture is suing her, claiming copyright infringement. She claims that she is protected under fair use. Use the four-part test for fair use set forth in Sony BMG Music Entertainment v. Tenenbaum to evaluate whether Sheela is protected by fair use.

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