Cariou V. Prince Confirms Importance Of Transformativeness

Law360, New York (May 1, 2013, 7:53 PM EDT) -- The Second Circuit's decision in Cariou v. Prince[1] has long been anticipated in the art world for its impact on the future of appropriation art and the vicarious liability of galleries and museums, as well as by copyright practitioners interested in the direction of the fair use doctrine. For those of us who deal with fair use issues, the decision confirms the view that one factor not explicitly mentioned in the Copyright Act has come to dominate the result in most cases: "whether and to what extent the new [allegedly infringing] work is 'transformative.'" That is, does it "add[] something new, with a further purpose or different character, altering the first [work] with new expression, meaning, or message," rather than merely superseding its objects.[2]...

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