The big battle over application of the fair use defense has been focused on the highly subjective, often confusing, doctrine of “transformativeness,” which is addressed under factor one of the four-factor test. Factor one considers the purpose of the use, including whether the purpose is commercial; and over the past decade or so, several high-profile defendants have sought to broaden ...
Richard Prince is one of the most reviled names in the worlds of photography and copyright. This is because his career and notoriety are built largely on high-profile “appropriation” art works, which have earned him considerably more income than most artists ever see, including, of course, most of the photographers whose images he has used without permission. In September ...
