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Why Is the Fair Use Doctrine Not Sufficient Protection for Some

Question 13

Multiple Choice

Why is the Fair Use Doctrine not sufficient protection for some artists who frequently copy, borrow, and appropriate?


A) Artists who work in this way tend to have significantly less money than those whose images they use and can therefore not afford a sufficient legal team.
B) Because much contemporary art rejects the concept of newness, using copying as the primary building block of creativity, it may not be read as transforming the original.
C) Most judges are insufficiently knowledgeable about what can and cannot fall under "fair use."
D) The increase in image reproduction since the digital turn has created an environment in which it is impossible to differentiate between the original and its copy.

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