The Purpose And Character Of Fair Use Post-Cariou

Law360, New York (December 16, 2013, 3:05 PM EST) -- In November the United States Supreme Court denied the petition for writ of certiorari in Cariou v. Prince, the most significant copyright fair use case to be petitioned to the court in 20 years. The case involves the unlicensed use of Patrick Cariou’s photographs in works of art made by appropriation artist Richard Prince, some of which were then sold by Prince for millions of dollars.

When Cariou filed suit for copyright infringement, Prince defended himself against the claim by asserting that he did not need...
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