In Cariou v. Prince, an Appeal to Clarify a Crucial Fair Use Boundary

February 15, 2012

By David Walker

Richard Prince

Richard Prince's 2008 work "Graduation" is one of numerous works in a series that appropriates photographs of Rastafarians from Patrick Cariou's book Yes Rasta.

A major copyright case working its way through a federal appeals court in New York pits a photographer against a well-known appropriation artist, and photographers have a lot riding on the case. The fight is partly over how courts should interpret fair use, and whether the law allows copyrighted works to be re-purposed for new works that are “distinct” from...

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