Transformativeness

Advertising Law -- May 16, 2013

by Manatt, Phelps & Phillips, LLP on 5/17/2013

In This Issue: Linda Goldstein to Provide Insight on FTC’s Dot Com Dislosure Guidance at Upcoming Bloomberg BNA Webinar; “All Natural” False Ad Suits Continue, Stalled; Wake Up! FDA Considers Caffeinated Foods;...more

Second Circuit Decision Finds Transformative Use Does Not Require Comment

by Alexandra Wald | Cohen & Gresser LLP on 5/2/2013

On April 25, 2013, the Second Circuit issued its decision in Cariou v. Prince, agreeing with the artist Richard Prince and his gallery, Gagosian, that “the law does not require that a secondary use comment on the original...more

The Second Circuit Weighs in on Transformativeness in the Visual Arts

by Christopher Robinson | Davis Wright Tremaine LLP on 5/1/2013

A year after hearing oral argument, the Second Circuit has issued its much anticipated decision in Cariou v. Prince on copyright fair use in the visual arts. ...more

Admissions of “Appropriation Artist” Not Fatal to Copyright Fair Use Defense

by David Kluft | Foley Hoag LLP - Trademark, Copyright &... on 4/30/2013

The first prong of the fair use defense in copyright infringement cases, the “purpose and character of the use,” is often described as an inquiry into whether the allegedly infringing work is “transformative.” In other words,...more

Yes Rasta! Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only...

by Sheppard Mullin Richter & Hampton LLP on 4/29/2013

In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement...more

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Advertising Law -- May 16, 2013

Second Circuit Decision Finds Transformative Use Does Not Require Comment

The Second Circuit Weighs in on Transformativeness in the Visual Arts

Admissions of “Appropriation Artist” Not Fatal to Copyright Fair Use Defense

Yes Rasta! Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only...

Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince

Southern District of New York Examines Whether News Clipping Service Qualifies as Fair Use Under Copyright Act

Rights of Publicity: Contradictions in the Courts

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