Copyright and Fair Use: The Second Circuit Decides Cariou v. Prince and the Gagosian Gallery

On 4/25/2013 the United States Court of Appeals for the Second Circuit mostly overturned a lower court opinion on the nature of appropriation, the importance of transformative use and the protection of works of art under the federal copyright statutes. The 2011 federal district court case had found that artist Richard Prince’s appropriation of photographs by Patrick Cariou were not sufficiently transformative to warrant an exception to the fair use provisions. The Second Circuit mostly reversed this position in an opinion that is reverberating around the art world. Get a link to the opinion and a good dose of commentary from the Art Law Blog.

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