I don't know about anyone else, but I can store an arrangement of food on a plate in my refrigerator for more than a "transitory duration." I did so in college and I still do so. This is just the way it is in real life! Indeed, an examination of my refrigerator will reveal food that has been sculptured on a plate for days. Since copyright is not claimed in taste, but in appearance of food on a plate, a several day chill-out in my frig is not "transitory." As for the Chicago public garden, if the shrubs and flowers in Chicago grow as slowly as mine on the Pacific Coast, is a shrub and flower display really transitory? Just because a lawn is mowed weekly does not mean that there cannot be a lawn sculptor, right? I mean, aren't brass statues polished periodically? Aren't old paintings touched up every decade or so? Aren't photos enhanced, cropped, stapled, mutilated and put back together?
Does the Supreme Court really need to explain the meaning of transitory to us?