Second Circuit Decision a Win for Fair Use?


LEFT: Patrick Cariou RIGHT: Richard Prince

A decision handed down last week from the Second Circuit that was closely watched by the art world appears to be a win for fair use and the increasingly in vogue concept of “transformative uses”. Some have argued that the decision failed to go far enough in providing a bright line as to what is transformative and what is not but bright line rules are not a hall mark of  copyright law and one shouldn’t expect them to come from case law where a particular decision is being decided on the facts of a particular scenario – those looking for bright lines might want to call their Congressional representative and join the call for comprehensive copyright reform. Also, I wanted to provide some links to those who commented on the initial ruling at the trial court level here and here.

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