Cariou v. Prince · US Court of Appeals, 2nd Circuit · 2013

Was the appropriation art legal?

Short answer: Mostly yes: 25 were fair use, 5 sent back.

The facts. Artist Richard Prince took photos from a book of portraits of Jamaican Rastafarians, then painted over and collaged them into 30 works for a gallery show. Some sold for millions. The photographer sued for copyright infringement.

The ruling. Cariou v. Prince (2013): The appeals court reversed a total win for the photographer, finding 25 of the 30 works were fair use and sending the other five back. The parties then settled those.

The trial judge had ordered the art impounded and possibly destroyed. The ruling said a work can be transformative even if the artist doesn't intend to comment on the original. Prince testified he had no real interest in the original meaning.

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For fun, not legal advice.