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Do Market Players React to Court Decisions Impacting Art?

The Art Law Podcast

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The Second Circuit's Decision to Overrule the Trial Court on a Factual Matter

Alexander: It's worth looking up some of these artworks because the 25 that were as a matter of law fair use versus the five that weren't, it's not entirely clear what legal distinction the court was drawing. Alexander: The most important thing to look at is the four-factor fair use test, which is in the copyright act. And so for people in the art market who paid any attention, you know, they didn't know.

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