In his latest Copyright Law column in the New York Law Journal [$], Robert Bernstein discusses the Prince-Cariou decision. His conclusion:
"Much is at stake, both for the parties and for those similarly situated. It should be kept in mind, however, that, in copyright, there is no clear separation between creators and users. New works are rarely created out of thin air. Thus, we may very well find, a year or so from now, that the Second Circuit has given the appropriation artist more 'breathing space,' albeit well short of the carte blanche he seeks."
