[NetBehaviour] Cariou vs. Prince: THE COPYRIGHT BUNGLE

Catherine Daly c.a.b.daly at gmail.com
Fri Apr 1 18:29:53 CEST 2011


It is actually pretty consistent with recent decisions in music and
literature re: copyright.

Plus, he's appropriated 40 entire images and superimposed on them.  He
hasn't altered the base image of the one picture I saw.

Here's something from a lawyer blog:

To evaluate fair use of copyrighted material, the courts consider four
factors set out in 17 U.S.C. 107<http://www4.law.cornell.edu/uscode/17/107.html>
:

   1. the purpose and character of the use
   2. the nature of the copyrighted work
   3. the amount and substantiality of copying, and
   4. the market effect.

For most courts, the most significant factor in this analysis is the fourth
factor–effect on the market.
It seems part of his intent was to reduce the marketability of the original
images (not of the small pieces of other images).  But his greater profit
than the maker of the base images is very much on point.

But, is this fair use because it is parody?

All best,
Catherine

On Fri, Apr 1, 2011 at 9:05 AM, Rob Myers <rob at robmyers.org> wrote:

> On 01/04/11 16:53, Catherine Daly wrote:
> > I guess I would be more sympathetic if he didn't do a line for Louis
> > Vuitton based on a fake book project.  Is he now going to do a line of
> > guitars?  Or cameras?
>
>
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