This comment argues that fair use analysis should be reorganized from a disjointed four-factor morass into a straightforward two-part analysis that incorporates and clarifies the purpose of each of the four factors. Such a structure recognizes the role transformative use plays within the fair use doctrine as a whole. The comment then applies this process to a potential fair use defense for Richard Prince's The Catcher in the Rye.
Response or Comment
Brockenbrough A. Lamb, Comment, Richard Prince, Author of The Catcher in the Rye: Transforming Fair Use Analysis, 49 U. Rich. L. Rev. 1293 (2015).