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The Second Circuit recently issued an opinion involving a wide scope of copyright fair use issues. In Cariou v. Prince, 11-1197-cv (2d Cir. April 25, 2013), the Court held in favor of defendant Prince, who appropriated dozens of Cariou’s photos in thirty collages. The Court found that when the original and secondary works were viewed side-by-side, most of Prince’s works were sufficiently transformative in aesthetics, size, and expression and qualified for fair use.
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Collage artist Richard Prince took notice of Yes Rasta and incorporated Cariou’s photos into his own works. For example, in Prince’s 2007 work Canal Zone, Prince tore out thirty-five photos from Yes Rasta, altered them significantly, and pinned them to a piece of plywood. Prince eventually made thirty pieces (“Canal Zone series”), twenty-nine of which contain photos from Yes Rasta. The photos were altered to varying degrees in each piece. Prince exhibited these pieces in 2008 at the Gagosian Gallery.
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The defendants asserted fair use, arguing that Prince’s use of the photos was transformative.
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And Guitarsoup this is a matter being handled in the courts as we speak. The Comic Book Fund is funding a defense that states that Photoshop parodies are a form of speech and therefore covered by the 1st amendment.
http://www.lawupdates.com/commentary/icariou_v._prince_i_court_finds_appropriated_but_altered_photos_prote/
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The Second Circuit recently issued an opinion involving a wide scope of copyright fair use issues. In Cariou v. Prince, 11-1197-cv (2d Cir. April 25, 2013), the Court held in favor of defendant Prince, who appropriated dozens of Cariou’s photos in thirty collages. The Court found that when the original and secondary works were viewed side-by-side, most of Prince’s works were sufficiently transformative in aesthetics, size, and expression and qualified for fair use.
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Collage artist Richard Prince took notice of Yes Rasta and incorporated Cariou’s photos into his own works. For example, in Prince’s 2007 work Canal Zone, Prince tore out thirty-five photos from Yes Rasta, altered them significantly, and pinned them to a piece of plywood. Prince eventually made thirty pieces (“Canal Zone series”), twenty-nine of which contain photos from Yes Rasta. The photos were altered to varying degrees in each piece. Prince exhibited these pieces in 2008 at the Gagosian Gallery.
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The defendants asserted fair use, arguing that Prince’s use of the photos was transformative.
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Completely different issue. You cannot remove an artist's identifying information like a watermark. Completely separate clause from the fair use laws. Even if someone has a legit fair use claim, if they remove my watermark to use it, they are in trouble.
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GSoup:
Tell us more about laws that don't apply here.
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