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
Date Written: November 15, 2011
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
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