Is the Fair Use Defense Just for Rich and Famous Appropriation Artists?
By David Walker
Richard Prince earned millions appropriating and manipulating Patrick Cariou’s “Yes, Rasta” images. His fame as an artist arguably enabled him to get away with it on fair use grounds.
Fair Use may be turning into a legal refuge primarily for “rich and fabulous” artists, according to a recent University of Chicago Law Review article by two Stanford scholars. They reached that conclusion by analyzing Patrick Cariou v. Richard Prince and other copyright disputes between artists over the past decade.
“This shift in fair use has predominantly protected big name defendants who appropriate from small name artists,” Andrew Gilden, one of …read more
Via: PDN Pulse
