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Old February 16th, 2012, 11:10 AM
Asher Kelman Asher Kelman is offline
OPF Owner/Editor-in-Chief
 
Join Date: Apr 2006
Posts: 27,152
Default In Cariou v. Prince, an Appeal to Clarify a Crucial Fair Use Boundary

Photo District News has an important article on the issue of copyrighted photographs being exploited without permission by the new artists claiming to be working in the public benefit high minded circle of "Fair Use" which is mean for editorial comment, discussion, critique, education and the like.



Prince re-purposed Cariou's images in different ways and to varying degrees.

In this image, he appropriated Cariou's photo "in its entirety," the
photographer says, noting that Prince testified that the subject of his work
was the guitar--and that his intent wasn't to comment on Cariou's photograph.
That lack of reference to the original photographs disqualifies Prince's work as
fair use, Cariou says. But Prince counters that his work offers "dramatically
new esthetics" and "strikingly different messages" from Carious photographs
--and that is enough to satisfy an important test for fair use. Prince, once
again is at court, appealing $11,000,0000 judgement in against him.


Read more here

Google and other media monsters have filed, "Friends of court briefs" supporting Prince in his scavenges use of the photographer's work!

So how does this work in other countries? What if Prince sold his work in France or the U.K., for example or someone imports such a picture and someone reports it!

Asher
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