A secondary use of a copyrighted work does not require comment on the original artist or work or popular culture in order to be transformative and qualify for the fair use defense to infringement under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled yesterday.
Overturning a holding and vacating an injunction issued by a lower court judge, the Second Circuit said that 25 paintings and collages by Richard Prince that altered and incorporated classical portraits and landscape photos of Rastafarians in Jamaica by Patrick Cariou in his book "Yes Rasta" constitute fair use under the act, 17 U.S.C. §107.
