Archive for 2/1/14 - 3/1/14

Richard Prince Case Study (NSFW)

Based on Cariou v. Prince, _ F.3d _ (2d Cir. 2013).

Patrick Cariou published a book of photographs of Rastafarians and landscapes taken in Jamaica. Richard Prince utilized portions of and entire images from Cariou’s photographs in 28 paintings, many of which were shown in the Gagosian Gallery.
Slides are numbered for classroom or workshop: each participant can use the critical reasoning process to make a fair use determination. NOTE: some content may be deemed NSFW. For a detailed analysis, please visit Rebecca Tushnet's "Transformativeness doesn't require commentary on original" as well as Kenneth Crews' analysis of the "Four Factors" at Columbia University (quoted above).


NOTE: click the four expanding arrows on the presentation in order to view full-screen.

UPDATE: the five photos sent back to the lower court were recently the subject of a settlement. Terms were not disclosed.

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