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Richard Prince's Appeal Allowed to Go Forward

By Judith B. Bass

The Second Circuit Court of Appeals last week refused to dismiss appropriation artist Richard Prince's appeal of the district court ruling that found that Prince had violated the copyright of photographer Patrick Cariou in using Cariou's photographs in a series of collages and paintings known as "Canal Zone."

In March, Judge Deborah A. Batts of the United States District Court for the Southern District of New York found that Prince's use of 41 of Cariou's photographs was not allowable as a fair use. Specifically, she held that Prince's use was not transformative in that it did not comment on the original works. The court then ordered all unsold copies of Prince's "Canal Zone" paintings to be impounded or destroyed, as the plaintiff determined. The defendants were also required to notify current or future owners of the paintings that they could not "lawfully be displayed."

In refusing to grant Cariou's motion to dismiss Prince's appeal, the Second Circuit stated that the questions raised by the case remained "a continuing controversy capable of redress by this Court." See http://artsbeat.blogs.nytimes.com/2011/09/15/court-allows-richard-prince-to-appeal-copyright-decision/.

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This page contains a single entry from the blog posted on September 21, 2011 8:56 AM.

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