Art Law Report

No Infringement in Cariou v. Prince—Second Circuit Plays Art Critic and Finds Fair Use

Posted by Nicholas O'Donnell on April 25, 2013 at 11:11 AM

Two years after a U.S. District Court decision that sent shock waves through the contemporary art world, the Second Circuit Court of Appeals has reversed that earlier finding that Richard Prince infringed the copyright of Patrick Cariou. Instead, the appeals court ruled that all but five Prince works at issue were fair use under the Copyright Act, remanding the case to re-analyze those five works. It is as dramatic a win for appropriation art as the lower court decision was a chill on that art.

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Topics: Andy Warhol Foundation, Richard Prince, Copyright Act, Graduation, Second Circuit, Canal Zone, Patrick Cariou, Charlie Company, appropriation art, Meditation, Yes Rasta, Clifford Wallace, Warhol, Cézanne, Copyright, Canal Zone (2008), de Kooning, Picasso, Fair Use, Google, Canal Zone (2007)

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