3 Count: Transformative Use

3 Count: Transformative Use Image

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1: NY court: Artist Richard Prince Fairly Used Photos

First off today, the Associated Press reports that artist Richard prince has won a key appeal over photographer Patrick Cariou in a closely-watched case on fair use.

The Second Circuit Court of Appeals overturned a lower court ruling and said that Prince’s artwork, which included collages and paintings that incorporated photographs taken by Cariou, were a fair use. According to the court, they were transformative, even if the differences were not particularly significant, and reached a different audience than Cariou.

Cariou’s attorney, however, says that the ruling is at odds with other circuits and hinted at a further appeal. Prince’s attorney, on the other hand, was upbeat about the ruling calling it “great news”.

2: China Urges Dialogue on Charging for Music Downloads

Next up today, Ellyne Phneah at ZDNet reports that Yan Xiaohong, the deputy director of the National Copyright Administration of China, said in a news conference that consumers in the country will have to start paying to download music.

According to Xiaohong, purchasing music online is a growing trend in the country and it seems the initiative is supported by the Chinese government. However, determining who to pay and how to make them pay is complicated.

Xiaohong encouraged content creators and music download services to work together to find pricing and resolve other problems.

3: McAfee Patents Technology to Detect and Block Pirated Content

Finally today, Ernesto at Torrentfreak writes that McAfee, best known for its anti-virus products, has filed a patent on anti-piracy technology that it hopes will help warn users when they are visiting sites with pirated material.

The product works similarly to existing anti-malware systems in that it is installed by a user or company and when it detects someone is attempting to visit a questionable page, the software either pops up with a warning that the user has to acknowledge or it blocks the site outright.

The aim is to prevent users from accidentally visiting sites where piracy takes place and will most likely be added to existing McAfee security products.


That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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