Saturday, March 2, 2024

Your monthly copyright/appropriation article

Images at issue.

Brought to you by Azmina Jasani and Emelyne Peticca, who believe that if “the Warhol [v. Goldsmith] case is any indication, [Richard] Prince has an uphill battle to prove that he made fair use of [Donald] Graham’s image.”

Jasani and Peticca point out one other aspect of note re: the Second Circuit’s amended decision:

The Second Circuit concluded that “just as artists must pay for their paint, canvas, neon tubes, marble, film, or digital cameras, if they choose to incorporate the existing copyrighted expression of other artists in ways that draw the original work’s purpose and character . . ., they must pay for that material as well.”

Sounds like appropriation artists are being analogized to Hollywood filmmakers.


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