ISSUE:
Whether the Defendant's copying of the Plaintiff's photograph for the purpose of making sculptures intended as social commentary on the photograph’s image was fair use?
RULE:
Substantial similarity is the standard used to determine whether the reproduction right of a copyright has been infringed or not. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if copyright infringement were limitless to making only exact and complete reproductions of a work.
Content that is thought to be protected by copyright, makes an exception for the doctrine of fair dealing. It is a legal principle that allows someone to use any work that is protected with a limited amount of usage of that work in order to preserve the uniqueness and sanctity of that work as well as the registered owner of the work.