Posted by Mr. Q at 6:00 AM Friday, March 2, 2012
Dear Rich Staff to define the line between fair use and infringement is a little like us asking us to define the line between art and nature. We can define fair use (and we've done so at this site) and you can review caselaw and look for comparative fact patterns. But in the end, to paraphrase Marshall McLuhan, fair use is anything you can get away with (P.S. we love MM. Can you believe he wrote this 45 years ago?). Fighting over a fair use claim comes down to a lot of time spent with lawyers and -- as in the recent Richard Prince case -- the outcomes are not always favorable to artists.