Law Commons^™

Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb

Law Student Publications

This comment argues that fair use analysis should be reorganized from a disjointed four-factor morass into a straightforward two-part analysis that incorporates and clarifies the purpose of each of the four factors. Such a structure recognizes the role transformative use plays within the fair use doctrine as a whole. The comment then applies this process to a potential fair use defense for Richard Prince's The Catcher in the Rye.

Will You Go To Jail For Copyright Infringement?, James Gibson

Law Faculty Publications

We’ve all seen it. Stick a movie in the DVD player, and up pops a scary message from law enforcement: if you infringe copyright, the feds will come after you. Indeed, this threat is so ubiquitous that it has worked its way into popular perception; as any copyright expert knows from cocktail party conversations, laypeople seem to view copyright infringement as mostly a criminal matter.

It’s certainly possible to go to jail for violating copyright law, as long as the violation is willful and involves specific kinds or amounts of infringement. And the good news for copyright owners is that …