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Compare And Contrast Prince Vs Cariou

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Our Client is Matt Jackson.

The case that can support our client is Harper & Row, Publishers v. Nation Enterprises.

The cases that do not support my client are Prince v. Cariou, Perfect 10 vs. Google and Campbell v. Acuff-Rose Music, Inc. In Prince v. Cariou, the court ruled that Prince’s work constituted as fair use because the new form of expression was considered a secondary use. The Supreme court held “a secondary use must transform the original by employing it in a different manner or for a different purpose than the original to produce a new expression, meaning, or message.” “Where Cariou's photographs depict the natural beauty of Rastafarians and their surrounding environs, Prince's, on the other hand, are hectic and provocative …show more content…

The material from the original form should not only add a new expression but a reasonable person should not associate the meaning of the new expression to the meaning of the original expression. So, if the purpose of the original work was for comedic relief and entertainment, the new work should embody a completely different form, for instance (to inform, parody or scenic/ human aspects as stated above) so that there is no confusion behind the meaning. In the Jackson v. Buzzfeed a reasonable person could assume that both forms of expressions, the picture of the dog biting the student on Matt’s personal page and the same picture under the caption “Ten funniest sports photos of the week” on Buzzfeed could provide comedic relief and entertainment to a third party. In the facts of the case the photo was considered humorous, which one can assume might have an “entertainment value”. Although Matt’s page is personal, it not private which means that anyone can view it, which could also represent a social form because it contains content-based humorous image sharing that can be viewed by the public. Likewise, Buzzfeed is considered a "social news and entertainment company". Thus, images posted on this page can have “entertainment value, can be seen by the public and can contain content-based humorous images. Thus, one could argue that the “new” form of expression in Buzzfeed was not exactly a transformative

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