An image from Richard Cariou's book Yes, Rasta, as it was altered by Richard Prince.

An image from Richard Cariou’s book Yes, Rasta, as it was altered by Richard Prince.

The US Supreme Court has declined to review Patrick Cariou’s copyright infringement claim against artist Richard Prince, the Associated Press has reported.

A federal appeals court ruled last spring that artist Richard Prince did not infringe Cariou’s copyrights by reproducing several dozen of Cariou’s images without permission. The appeals court said Prince’s use of Cariou’s images was fair use in most instances, overturning a lower court ruling that had declared Prince liable for infringement.

By refusing to hear the case, the US Supreme Court has effectively let the appeals court decision stand. The high court did not give a reason for its decision.

At issue in the case was a series of paintings and collages that Prince created by appropriating images from Cariou’s book Yes, Rasta. Prince altered the images in various ways for a series of paintings called “Canal Zone,” which he displayed at the Gagosian gallery in New York in 2008. Most of the works eventually sold, fetching a total of $10.4 million.

In its ruling for Prince, The appeals court took a broad view of fair use, finding that Prince’s works qualified as fair use even though they were not intended as commentary on the original works by Cariou. The decision was a victory for appropriation artists, who take elements of works by other artists without permission, and use them in new contexts, often as a form of commentary on society or popular culture.

Related:
Richard Prince Did Not Infringe Patrick Cariou’s Photos, Appeals Court Says


COMMENTS

MORE POSTS

Top Photo News Stories of 2016

Posted by on Tuesday December 27, 2016 | Copyright/Legal, Media, Photos In The News

Copyright dispute, the continuing controversy over for-profit art schools, Richard Prince (again), First Amendment protections and the President-elect: We look back on the stories that attracted the most attention in 2016. 1- The President-Elect Objects to a News Photo Showing his Double Chin Just 59 days before the President-elect will take an oath to “preserve, protect... More

Committee to Protect Journalists Issues Advisory for Journalists Crossing U.S. Border

Posted by on Monday December 12, 2016 | Copyright/Legal, Photojournalism

Journalists are being stopped at the U.S. border with alarming frequency, prompting the Committee to Project Journalists (CPJ) to issue an advisory outlining steps to prepare journalists for U.S. Customs. According to CPJ, more than seven journalists, including photographers Ed Ou and Kim Badawi, have been detained and questioned, and have had their belongings, including... More

Photographer Sues VICE for Unauthorized Use of Expectant Couple

Posted by on Wednesday November 30, 2016 | Copyright/Legal

Photographer Jana Romanova has sued VICE Media for willful copyright infringement and violation of the Digital Millennium Copyright Act (DMCA) for publishing a photo from her “Waiting” series without permission. Romanova’s suit, filed in the Eastern District of New York on November 23, alleges that VICE violated her copyright when it published one of her... More