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Cariou v Prince

Transformative Use or Infringement

In Cariou v. Prince, 714 F3d 694 [106 USPQ2d 1497] (2d Cir. 2013), the Second Circuit said that a use of a copyrighted work need not comment on the original artist or work, or on popular culture, in order to constitute...more

You Just Used My Picture Without Permission?

by LeClairRyan on

Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015. This exhibit featured screenshots of other people’s Instagram photos....more

"New Infringements?" Richard Prince's Latest Collection is the Subject of Copyright Claims

by Fish & Richardson on

Richard Prince, the controversial appropriation artist, has once again found himself in the crosshairs of the copyright law. On December 30, 2015, Donald Graham filed a copyright infringement suit against Prince in...more

Famed Artist Jeffrey Koons Sued For Alleged Copyright Infringement…Again

by Dorsey & Whitney LLP on

Jeffrey Koons is well-known to artists, auction houses, and copyright enthusiasts. His works of art have fetched substantial sums of money, including one that recently sold for more than $58 million—the most expensive work...more

Richard Prince’s Instagram Art: Do You Know Where Your Face Is?

Social media, it seems, has turned us all into photographers. Anyone with a Facebook page, an Instagram account or any of the other methods for socializing on the web, can post original photos for all the world to see,...more

Appropriation Art As Fair Use Under The Copyright Act

by Nossaman LLP on

Appropriation art raises special issues of fair use. An appropriation artist takes the work of another artist and modifies it in some fashion and in the process creates a new work of art. Andy Warhol's Campbell Soup Can...more

Fair Use Revisited – What’s Transformative?

by Foley & Lardner LLP on

Last month, photographer Peter Cariou petitioned the Supreme Court to overturn the Second Circuit ruling in Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013), a copyright infringement case, in which the Second Circuit held that...more

Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince

by BakerHostetler on

Today, the Second Circuit handed down its much anticipated decision in Cariou v. Prince regarding the legality of appropriation art by artist Richard Prince. Just over two years ago, in federal district court in New...more

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