Thursday, April 25, 2013

Second Circuit -- Patrick Cariou v. Richard Prince, et al.

IP must-read -- fair use does not require that the derivative work comment upon the original work or upon pop culture generally.  Key considerations are transformative nature and usurpation of market.

Concur/Dissent -- Court should have remanded all claims, instead of ruling on some and remanding some.

Patrick Cariou v. Richard Prince, et al.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.