Meir Feder, a partner at Jones Day, and Rajeev Muttreja, an associate with the firm, write that Judge Batts's decision in Cariou v. Prince set out a strikingly narrow understanding of copyright's fair use doctrine, by holding that a creative work that makes use of another, preexisting work can qualify as "transformative" (and thus likely to be a permissible fair use) only if it refers to or comments on the older work.
Circuit Addresses Limits of Fair Use in Visual Art
New York Law Journal
June 30, 2011
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