In Cariou v. Prince, the Second Circuit has arguably expanded the scope of fair use in the context of appropriation art. In its decision, the majority not only reversed the district court’s summary judgment in favor of the plaintiff photographer, but entered its own summary judgment in favor of the defendant with respect to 25 of the 30 works at issue, and remanded for further proceedings with respect to the other five. Crucially, the majority held that in analyzing the first fair use factor (the purpose and character of the use), the defendant’s work need not comment upon or criticize the plaintiff’s work in order to be deemed transformative. [Read more…]
Archives for April 2013
On remand from the Second Circuit, which had partially reversed the district court’s summary judgment dismissing Viacom’s copyright infringement claims against YouTube, the district court has again dismissed all claims on DMCA safe harbor grounds.
After Judge Stanton first dismissed Viacom’s case, holding on summary judgment that YouTube was shielded by the DMCA safe harbor, the Second Circuit reversed and remanded for further briefing due to questions regarding, inter alia, whether the record evidence established (1) YouTube’s actual or “red flag” knowledge of specific infringing activity, (2) willful blindness to such activity, and (3) whether YouTube had the right and ability to control the infringing activity.
On remand, and after further briefing, Judge Stanton again granted summary judgment on all counts to YouTube. [Read more…]