Should it be considered fair use for artists to take a photographer’s work and transform it for profit?

In Cariou v. Prince, 714 F.3d 694 (2nd Cir. 2013), the U.S. Court of Appeals for the Second Circuit recently looked at this issue and answered, “yes”. Well, at least they reversed the lower court’s judgment in part, vacated that judgment in part, and remanded it in part. I understand this is legalese, so for now let’s just say that the Second Circuit said “yes” even though that’s not entirely accurate.

Today we’re looking at the Cariou-Prince case, which has a lot of people in the art community quite upset. At the end of this article, you get to play lawyer so bare with me until then.

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This is the blog site for the Law Offices of Tristan C. Robinson, P.L.L.C.   Our objective is to keep you posted on trending topics in the law, especially as they relate to the internet, intellectual property, and entertainment law.  Hot topics in Family Law and Wills and Estates will also show up here from time to time, but our main goal will be to keep you informed as to changes in IP.

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