“Is the art world’s conventional wisdom on copyright infringement and fair use driven by nature of the use or the nature of the parties?”

"In other words, does the art world simply think it is fair use if an 'artist' (i.e. insider) copies a 'professional' (i.e. outsider), but infringement if it is the other way around? Zaretsky implies the answer is 'yes.' And I am inclined to agree with him. If anything, the infringement case against Prince is stronger than the cases against LG and Jenner. And yet the art world (mostly) seems to think that LG and Jenner are infringing, but Prince is not. In other words, artists want the right to copy others, but also the right to stop others from copying them. Understandable, but not terribly compelling."

Brian Frye at the Faculty Lounge, responding to my post from last week.

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