Tuesday, March 22, 2011

Richard Prince loses Fair Use argument

In December of 2008 photographer Patrick Cariou filed suit against Richard Prince, Gagosian Gallery, Larry Gagosian and Rizzoli International Publications in federal district court.

The suit came about after Prince appropriated 28 images from Patrick’s Yes,Rasta book for his Canal Zone exhibition at the Gagosian Gallery. Several of the pieces, were barely changed under the “artist’s” hand.

Yesterday, US District Judge Deborah A. Batts ruled that Prince had violated Carios's rights and that Prince's appropriation and "transformation" of the original work was an infringement of copyright.

The judge ruled that:
"That Defendants shall within ten days of the date of this Order deliver up for impounding, destruction, or other disposition, as Plaintiff determines, all infringing copies of the Photographs, including the Paintings and unsold copies of the Canal Zone exhibition book, in their possession, custody, or control and all transparencies, plates, masters, tapes, film negatives, discs, and other articles for making such infringing copies. That Defendants shall notify in writing any current or future owners of the Paintings of whom they are or become aware that the Paintings infringe the copyright in the Photographs, that the Paintings were not lawfully made under the Copyright Act of 1976, and that the Paintings cannot lawfully be displayed under 17 U.S.C. § 109(c)"

For comparison here are two images:

Now what about the Marlboro Men?

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