Why is the Fair Use Doctrine not sufficient protection for some artists who frequently copy, borrow, and appropriate?
A) Artists who work in this way tend to have significantly less money than those whose images they use and can therefore not afford a sufficient legal team.
B) Because much contemporary art rejects the concept of newness, using copying as the primary building block of creativity, it may not be read as transforming the original.
C) Most judges are insufficiently knowledgeable about what can and cannot fall under "fair use."
D) The increase in image reproduction since the digital turn has created an environment in which it is impossible to differentiate between the original and its copy.

Question

Quizplus · Accepted Answer

The Fair Use Doctrine allows for the use of copyrighted material under certain circumstances, including for transformative purposes. However, the concept of transformative use can be difficult to apply to contemporary art that relies heavily on copying and appropriation without any significant transformation of the original work. Therefore, the Fair Use Doctrine may not provide sufficient protection for artists who work in this way.

Why Is the Fair Use Doctrine Not Sufficient Protection for Some