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.
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
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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)
Cariou Files Appeals Brief—Is this Case Less Transformative Than It Seemed?
Posted by
Nicholas O'Donnell on January 31, 2012 at 12:19 PM
Patrick Cariou has filed his much-anticipated responsive brief in the Richard Prince/Gagosian Gallery copyright infringement appeal. Cariou’s brief makes its stand on the question of transformative use. The degree to which a derivative work is transformative of a protected work is, of course, a central element of a fair use analysis about which Prince will have to persuade the Second Circuit to overturn the judgment below. In so doing, however, one starts to wonder if this case will be of less precedential value—less transformative, if you will—than it has seemed since the judgment last year.
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Topics: Richard Prince, Infringement, Second Circuit, Canal Zone, Patrick Cariou, Yes Rasta, Copyright, Gagosian Gallery
Prince Copyright Appeal: Warhol Foundation Makes the Case to Reverse Infringement Finding
Posted by
Nicholas O'Donnell on December 8, 2011 at 6:24 AM
After several months of inactivity, the first brief is available in the Richard Prince appeal of the judgment against him and the Gagosian Gallery earlier this year for infringing on the works of Patrick Cariou. Prince’s arguments of “fair use” of Cariou’s photographs failed to persuade the District Court and the infringing works were ordered impounded, a harsh and unusual remedy.
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Topics: Richard Prince, Rasta, Canal Zone, Patrick Cariou, Dada, Association of Art Museum Directors, Yes, Cubist, Copyright, Gagosian Gallery, Fair Use, Andy Warhol Foundation for the Visual Arts
Richard Prince Copyright Appeal Survives Cariou Motion to Dismiss
Posted by
Nicholas O'Donnell on September 20, 2011 at 1:59 PM
The Richard Prince copyright case is in the news again, though probably more than it deserves. Patrick Cariou, whose photographs Prince was found this spring to have infringed, moved to dismiss Prince’s appeal arguing that the injunction concerning the impoundment and destruction of the existing works (Prince was ordered to deliver them for destruction) was mooted by a stipulation between the parties. Thus, Cariou argued, there was nothing at the moment to appeal (i.e. Prince appealed to soon).
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Topics: Richard Prince, Rasta, Canal Zone, Patrick Cariou, Yes, Copyright, Gagosian Gallery, Fair Use
