The Art Law Report Providing timely updates and commentary on legal issues in the museum and visual arts communities

Tag Archives: Transformative Use

Cariou Files Appeals Brief—Is this Case Less Transformative Than It Seemed?

Posted in Copyright, Intellectual Property, Uncategorized

Patrick Cariou has filed his much-anticipated responsive brief in the Richard Prince/Gagosian Gallery copyright infringement appeal.  Cariou’s brief makes its stand on the question of transformative use.  The degree to which a derivative work is transformative of a protected work is, of course, a central element of a fair use analysis about which Prince will have to persuade… Continue Reading