On Appropriation: Cariou v. Prince and Measuring Contextual Transformation in Fair Use
36 Pages Posted: 31 Jul 2014 Last revised: 20 Aug 2014
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
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