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

Photographer Zwelethu Mthethwa Found Guilty of Murder

Posted by on Thursday March 16, 2017 | Copyright/Legal

A court in South Africa has convicted photographer Zwelethu Mthethwa of the 2013 murder of Nokuphila Kumalo, 23, a sex worker, in a suburb of Cape Town, several South African newspapers have reported. Bail for Mthethwa, a graduate of the Rochester Institute of Technology who is represented by Jack Shainman Gallery, was revoked while he... More

Jeff Koons Found Liable for Copyright Infringement. Again.

Posted by on Friday March 10, 2017 | Copyright/Legal

A French court has ordered appropriation artist Jeff Koons and contemporary art museum Centre Pompidou to pay €40,000 (about $46,000 US) for infringing the copyright of a photograph by the late French photographer Jean-François Bauret. The court decision was reported by Radio France Internationale (RFI). Bauret’s family sued Koons over a 1988 sculpture (shown at... More