“This decision absolutely clarifies that the law does not require that a new work of art comment on any of its source material to qualify as fair use,” attorney Virginia Rutledge told A.i.A. by phone this morning after a preliminary survey of the decision.
“This is a major win for Prince on at least two counts,” NYU art law professor Amy Adler told A.i.A. via e-mail. (She consulted on the case but was speaking for herself.) “The court decided that artwork does not need to comment on previous work to qualify as fair use, and that Prince’s testimony is not the dispositive question in determining whether a work is transformative. Rather the issue is how the work may reasonably be perceived. This is the right standard because it takes into account the underlying public purpose of copyright law, which should not be beholden to statements of individual intent but instead consider the value that all of us gain from the creation of new work.”
Michael Sauers is the Director of Logan Library in Logan, UT. Prior to this he was one of the founding staff and Technology Manager for Do Space in Omaha, NE. After earning his MLS in 1995 from the University at Albany's School of Information Science and Policy Michael spent his first 20 years as a librarian training other librarians in technology along with time as a public library trustee, a bookstore manager for a library friends group, a reference librarian, a technology consultant, and a bookseller. He has written dozens of articles for various journals and magazines and has published 14 books ranging from library technology, blogging, Web design, and an index to a popular horror magazine. In his spare time, he blogs at TravelinLibrarian.info, runs The Collector's Guide to Dean Koontz website at CollectingKoontz.com, takes many, many photos, and typically reads more than 100 books a year.
Unless otherwise stated, all opinions are my own and are not to be considered those of the City of Logan, UT.
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