Posts Tagged transformative

Implied Consent

It is an all too common scenario that we’ve seen and experienced over and over and over. Adjust to fit your own mileage. Photographer takes photos of minor or major celebrity. Sometimes the shoot is done for a magazine that hired the photographer and paid a licensing fee for usage. On other occasions the images are […]

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It Still Ain’t Over

Stay with us here because in the end it’s eventually real important to your wallet. Recall our prior articles on the Cariou v. Prince legal battle, which centered on the issue of “fair use”. You can read our previous article titled “It Ain’t Over Till Its Over and This One Ain’t Over”, here. Recently the […]

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Creepy Crawler Gets Stepped On – Fair Use Fails

The almost reflexive cry of “fair use” is often employed upon receipt of a claim of copyright infringement.  The response has the benefits of being short and sounding definitive.  As we have frequently stated, most often the defense does not apply in the overwhelming majority of copyright infringement cases. The following case is not a […]

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It Ain’t Over Till Its Over and This One Ain’t Over

As many of you know, the Second Circuit Court of Appeals has reversed in part and remanded in part, the decision made by Judge Batts in the case of Patrick Cariou v. Richard Prince.   Many lawyers have commented on the Court’s ruling but unfortunately many laypeople with no legal background, have chimed in to muddy the waters.  We […]

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