Intellectual Property
May 30, 2013
For reuse of photographs, copyright gives more protection to appropriation art than news reporting
Three cases suggest the transformative use analysis is becoming untethered from the basic purposes of copyright law.
Andrew J. Thomas
Partner, Jenner & Block LLP
Phone: (213) 239-5100
Email: ajthomas@jenner.com
Harvard Univ Law School; Cambridge MA
Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.
CONTENT MATTERS
Unauthorized use of copyrighted photographs presents recurring problems for copyright law, especially when it comes to the fair use defense. Consider how three federal appellate courts have approached the issue in the past year.
On April 25, in Cariou v. Prince, the 2nd U.S. Circuit Court of Appeals issued a decision that broadly protected the works of "appropriation artist" Richard Prince, who created pricey...For only $95 a month (the price of 2 article purchases)
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