What Do Judges Know About Contemporary Art?: Richard Prince and Reimagining the Fair Use Test in Copyright Law

16 Media & Arts Law Review 381, 2011

16 Pages Posted: 27 Apr 2013

See all articles by David Tan

David Tan

National University of Singapore (NUS) - Faculty of Law

Date Written: November 15, 2011

Abstract

Courts should endeavour to better understand the quintessential role of recoding in contemporary art, its transformative nature and ultimately its critical relevance to the defence of fair use. Judicial pronouncements that appropriation art should directly comment on the original works appropriated in order to be adjudged transformative - like in Cariou v Prince by the New York District Court - are plainly wrong and exhibit a woeful understanding of contemporary art and a disregard for the line of authorities which established that a change in purpose that did not supplant the need for the original was fair use.

Keywords: Fair Use, Contemporary Art, Transformative Use

Suggested Citation

Tan, David, What Do Judges Know About Contemporary Art?: Richard Prince and Reimagining the Fair Use Test in Copyright Law (November 15, 2011). 16 Media & Arts Law Review 381, 2011, Available at SSRN: https://ssrn.com/abstract=2256903

David Tan (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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