Second Circuit Rules Most Appropriation Art is Fair Use: Cariou v. Prince

A-773,Graduation, Richard Prince 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…]