Legal Question in Intellectual Property in New York

Re: Pop work

Whether your use of the copyrighted works is infringement or fair use depends on several things, including but not limited to the nature of the photos and the nature of your pop art work, the amount of the original photos used, the nature of the use of the works (commercial vs. noncommercial), whether your work is being used for some sort of commentary or education about the original works, and the gut reaction of the judge who will hear the copyright infringement case. You'll find the statutory definition of fair use at 17 USC 107, but that won't tell you much; there are PILES of case law that surround and modify that statute. It's a very, very fuzzy area.

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