This serves as an important reminder to self - published authors about
the fair use of photographs and other artwork.
Not exact matches
The
fair has become more up - to - date than it
used to be, with solo shows by established contemporaries like the photorealist painter
of suburban ennui Robert Bechtle, at Gladstone, whose booth happily turns out to be opposite Fraenkel's, where there is a similarly moody selection
of photographs of residential development in the American West by Robert Adams.
Mr. Prince, well - known for recycling advertising
photographs and other commercial imagery in his work, argued that his appropriation should be allowed under the
fair -
use exceptions to federal copyright protections, which permit limited borrowing
of protected material for purposes like commentary, criticism, news reporting and scholarship.
We conclude that the district court applied the incorrect standard to determine whether Prince's artworks make
fair use of Cariou's copyrighted
photographs.
One
of the most
photographed works in the show, Kusama's sculpture is placed in the «sacred heart»
of Pier 94 — a term
used by the
fair's director to describe the new central showspace.
Defendants Richard Prince, Gagosian Gallery, Inc., and Lawrence Gagosian seek a determination that their
use of Plaintiff's copyrighted
photographs was a
fair use under the relevant section
of the Copyright Act, 17 U.S.C. § § 107 (1)- (4), and that Plaintiff's claim for conspiracy to violate his rights under the Copyright Act is barred by law.
In 2013 the court held that all except five Prince's works make
fair use of Cariou's
photographs.
Last week, a judge ruled against Richard Prince's argument
of fair use when he incorporated
photographs from Patrick Cariou's book «Yes, Rasta» into his Canal Zone paintings:
Using found and personal
photographs taken from the annual Crow
Fair in Montana, the work is installed to create a sense
of motion, a «parade»
of cars, floats, and horses dressed in blankets and beadwork, ridden by participants in elaborate Crow regalia.
Using reproductions
of her own archive
of family
photographs are remixed, repeated and distorted into a floating landscape who's source
of illumination is the specter
of light radiating through a mask,
Fair organizes familial memories into a realm
of imagined freedom for her own family and the families her archive touches.
Mr. Prince has argued that his
use of the
photographs should be allowed under
fair -
use exemptions to copyright protections, which allow limited borrowing
of protected material for purposes like commentary, criticism, news reporting and scholarship.
Set in a resourceful waterfront location that is the Deauville Beach Resort (previously home to NADA Miami art
fair), Art on Paper will focus on artists who
use paper as the main component and support
of their
photographs, sculptures, drawings or paintings, creating an intimate bond between the exhibitors and the collectors.
From Richard Prince regularly being sued for appropriation
of images to Shepard Fairey's (featured) battle with the Associated Press regarding
fair use of their Barack Obama
photograph in his Hope piece, the
use of borrowed imagery is a debate that is complex and long - lasting.
So Close builds on JR's Unframed series
using borrowed
photographs, and will, aptly, sit on the exterior
of Pier 94 at the entry point to major art
fair The Armory Show.
It was less than a year ago that the contemporary art world — and the artist Richard Prince in particular — declared a victory for appropriation when the United States Court
of Appeals for the Second Circuit ruled that Mr. Prince's
use of photographs by Patrick Cariou in his own paintings and collages were permissible under
fair use, because they had «a different character» from Mr. Cariou's work.