The Perils of Copying David Smith Sculptures
The David Smith estate has informed artist, Lauren Clay, that they do not endorse her copying of Smith’s sculptures, regardless of size, and furthermore, that although they will allow her to exhibit the copies of Smith’s work, they would like Clay to never exhibit the works again or sell them.
What do you think, is there a transformation here? Criticism? Commentary? If I have read the Second Circuit’s absurd Cariou v. Prince opinion correctly, and we do as they say and look solely at the visual components, it doesn’t really look like Clay made much of a transformation, but rather a derivative work. So much for “progress.”
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