On Appropriation: Cariou v. Prince and Measuring Contextual Transformation in Fair Use

36 Pages Posted: 31 Jul 2014 Last revised: 20 Aug 2014

See all articles by Jonathan Francis

Jonathan Francis

University of California, Berkeley - School of Law

Date Written: June 27, 2014

Abstract

The Second Circuit's decision in Cariou v. Prince continues the practice of equating physical alteration with transformation for the purposes of a statutory fair use inquiry. This continued practice indicates a lack of understanding for the conceptual underpinnings of (post)modern art. Therefore, this Note proposes examining audience reception as a signifier for transformation. In certain instances, especially those implicating First Amendment rights and authorial interests of cultural progression, the market can reflect this reception and provide a gauge to help a court determine the true transformative nature of a work thus freeing judges from making problematic aesthetic judgments.

Keywords: copyright, fair use, appropriation, transformation, prince, cariou, law, technology

Suggested Citation

Francis, Jonathan, On Appropriation: Cariou v. Prince and Measuring Contextual Transformation in Fair Use (June 27, 2014). Berkeley Technology Law Journal, Vol. 29, 2014 , Available at SSRN: https://ssrn.com/abstract=2474464

Jonathan Francis (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Law Building
Berkeley, CA 94720-7200
United States

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