2nd Circ.'s Fair Use Ruling Gives Artists Wide Protection

Law360, New York (April 25, 2013, 9:24 PM EDT) -- The Second Circuit's highly anticipated ruling Thursday in a copyright case against appropriation artist Richard Prince provides a broad fair use defense for artistic works, but details about how the standard should be applied remain murky, attorneys say.

The case, closely watched in art copyright circles, concerned 30 of Prince's artworks that incorporate images by photographer Patrick Cariou. The appeals court vacated a lower court's decision that the works infringed Cariou's copyright and its finding that to qualify as fair use, a work using copyrighted content must comment on the original work.

Copyright law contains no such requirement, the Second Circuit found,...

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