Скачать или смотреть Cariou v. Prince

Cariou v. Prince is one of the most important fair use cases in US history as it really scrutinized what is even “transformative fair use” under copyright law. Long story short: Patrick Cariou photographed a Rastafarian community in Jamaica which appropriation artist Richard Prince then slightly modified to make his own artwork. Cariou argued this was copyright infringement but Prince argued it possessed enough qualities of transformative fair use.

The 2nd Circuit ruled that Prince’s artwork ✨COULD✨ qualify as fair use and could be viewed as “transformative fair use” to a reasonable observer. The 2nd Circuit even added that Prince didn’t need to provide any commentary on Cariou’s photos as they possessed a new aesthetic.

While Cariou and Prince ultimately settled in 2014, this case highlights just how erratic our legal system has been when it comes to assessing fair use. The fair use doctrine has been laid out in the Copyright Act of 1976 has been scrutinized and challenged for so many years and has quickly shifted away from being an objective assessment to a subjective assessment. That’s why the Warhol transformative fair use in the Supreme Court could drastically shift the paradigm when it comes to evaluating fair use inquiries.

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