June 11, 2012
I first blogged about the case Cariou v. Prince (784 F.Supp.2d 337) back in April of last year when the appeal was first filed with the Second Circuit (Where Have I Seen That Before?). Since then, the case has been written about extensively in the news and academic journals. The “fair use” exception to copyright infringement, the meaning of “transformative use” and the practices of “appropriation” art are under close scrutiny, and both the scope of copyright law and the future conduct of artists could be dramatically impacted.
I wanted to see how many articles were published discussing the case since it was appealed, so I ran the following search on WestlawNext in the Secondary Sources content:
cariou /s prince & da(aft 3/28/2011)
It produces 32 results, including Cariou v. Prince: Painter or Prince of Thieves? and Yes, Rasta 2.0: Cariou v. Prince and the Fair Use Test of Transformative Use in Appropriation Art Cases.
The same search in News produces 24 results, including the transcript of a May 16th edition of National Public Radio’s “All Things Considered” (“‘Canal Zone’ Collages Test The Meaning Of ‘Fair Use'”, 2012 WLNR 11286931).
For a list of briefs filed in the case, including amicus briefs from the Andy Warhol Foundation and the American Society of Media Photographers, run the following search in Second Circuit Court of Appeals Briefs on WestlawNext (CTA2-BRIEF on Westlaw.com):
ti(cariou & prince)
To track the progress of the case, enter docket number 11-1197 in the Second Circuit Court of Appeals Dockets on WestlawNext (DOCK-CTA2 on Westlaw.com) and select “update.” Select “Track this Docket” near the top to receive alerts of new entries.