The "Headline Trial" In Literature

I was in college when the rock band Dr. Hook and the Medicine Show released a hit song about a fantasy many of us shared--a fantasy neatly captured in the song's title: "On the Cover of the Rolling Stone." For the band, it actually came true later that year. For me, alas, not yet.

However, if some band should ever write a song with the catchy title,"On the Cover of the St. Louis University Law Journal," I'd qualify. Sort of. My name is there on the cover of Volume 55, along with 8 others who wrote articles for that issue, all of us on some aspect of the topic of "the headline trial." Mine focused on the headline trial in great literature, from Shakespeare's Shylock to Melville's Billy Budd.

Thanks to St. Louis University School of Law for allowing me to share the article with those of you who might be interested. Here it is.

Fair Use, Rasta Style

 To your left is Exhibit A in Cariou v. Prince, one of the most significant and troubling copyright "fair use" cases in recent years. The plaintiff, Patrick Cariou, is a professional photographer who published a book of his Jamaican works entitled YES, RASTA. The book includes striking portraits of Rastafarians he met during his years in Jamaica. The main defendant is Richard Prince, a well-known "appropriation artist."

Exhibit A is entitled "Inquisition." It is one of 29 works in Prince's Canal Zone series, 28 of which include photographs from Cariou's book that Prince copied, arranged in collages, and added tints or paints. Cariou sued for copyright infringement, and Prince defended on "fair use" grounds. Earlier this year U.S. District Judge Deborah Batts entered judgment in Cariou's favor, rejecting Prince's defense in a carefully reasoned opinion. To put it mildly, the world of art law sat up and took notice.

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