Saturday, April 4, 2020
 

Derivative vs. Transformative


It’s hard to find a newspaper article today that speaks not only lucidly about art and law, but that is also correct and neutral in its interpretation of its subject matter. Today’s Wall Street Journal has just such a treat. Daniel Grant gives a somewhat brief overview of the current lawsuit brought by photographer Patrick Cariou against Richard Prince for copyright infringement. Grant’s article does a nice job of comparing this lawsuit to two previous copyright lawsuits against Jeff Koons (Rogers and Blanch). Grant points to what seems to be the crucial issue in the recent Prince lawsuit: where do the derivative vs. transformative areas clearly divide? More on point is the fact that this crucial distinction will be an issue for the “average person” to decide. Regardless, with the art world gluttony and and a negative public perception of individuals capitalizing on other people’s assets, Grant may be right that although the tide shifted in favor of visual artists, that same tide may now be shifting back. Quoting the legal adviser to the U.S. Copyright Office, grant concludes: “”There is more sympathy in the legal environment — maybe it has gone too far[.]”

 

Tags: , , ,

Comments

No comments so far.
  • Leave a Reply
     
    Your gravatar
    Your Name
     
     
     

     
     
 
Legal

Clancco, Clancco: The Source for Art & Law, Clancco.com, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to Clancco.com. They are not the views of any other organization, legal or otherwise. All content contained on or made available through Clancco.com is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to Clancco.com treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.
 

Switch to our mobile site