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News: In Cariou v. Prince, an Appeal to Clarify a Crucial Fair Use Boundary

Asher Kelman

OPF Owner/Editor-in-Chief
Photo District News has an important article on the issue of copyrighted photographs being exploited without permission by the new artists claiming to be working in the public benefit high minded circle of "Fair Use" which is mean for editorial comment, discussion, critique, education and the like.

Prince re-purposed Cariou's images in different ways and to varying degrees.

In this image, he appropriated Cariou's photo "in its entirety," the
photographer says, noting that Prince testified that the subject of his work
was the guitar--and that his intent wasn't to comment on Cariou's photograph.
That lack of reference to the original photographs disqualifies Prince's work as
fair use, Cariou says. But Prince counters that his work offers "dramatically
new esthetics" and "strikingly different messages" from Carious photographs
--and that is enough to satisfy an important test for fair use. Prince, once
again is at court, appealing $11,000,0000 judgement in against him.

Read more here

Google and other media monsters have filed, "Friends of court briefs" supporting Prince in his scavenges use of the photographer's work!

So how does this work in other countries? What if Prince sold his work in France or the U.K., for example or someone imports such a picture and someone reports it!


Asher Kelman

OPF Owner/Editor-in-Chief
'Appropriation Artist', says it all. Where are the tar and feathers when you need them?

Picasso was inspired by Matisse's sculptures of heads. However, he made how own work.

So, what's the law in the U.K., or other places you know of? We sometimes get to think that USA law is all important. What could be purchased in the USA could lead to arrest in the U.K., perhaps if the laws are inconsistent and a French, German or UK photograph was "appropriated".