March 19th, 2014

Richard Prince Settles with Photographer Patrick Cariou

One of Patrick Cariou's photographs, altered by Richard Prince

A fair use alteration of one of Patrick Cariou’s photographs, by Richard Prince.

Artist Richard Prince has paid an undisclosed sum of money to photographer Patrick Cariou to tie up the loose ends of their five-year copyright battle, The New York Times has reported.

Prince previously won an appeals court decision in 2013 dismissing most of Cariou’s copyright infringement claims. Cariou had alleged infringement of 30 images from his book Yes, Rasta that Prince had appropriated for a series of paintings. Most of the paintings sold through Prince’s gallery, fetching more than $10 million dollars.

The US Court of Appeals for the Second Circuit, located in New York City, ruled that 25 of Prince’s works qualified as fair use of Cariou’s photographs because Prince transformed them with “an entirely different esthetic.”

But the appeals court declined to rule on Prince’s fair use defense for the remaining five works, and sent the case back to a lower court for further consideration of Cariou’s claims surrounding those five works.

The settlement resolves Cariou’s claims related to those five works.

The lower court had originally ruled in Cariou’s favor on all of his claims, because Prince wasn’t commenting on Cariou’s photographs or otherwise referencing their original meaning in his paintings; he was simply using Cariou’s photographs as raw material.

The appeals court’s decision favoring Prince remains controversial. While many in the art community have applauded the decision, many photographers contend that it unfairly expanded the boundaries of fair use, and made their images more vulnerable to appropriation as raw material by other artists.

Related:
Supreme Court Declines to Hear Patrick Cariou’s Claim Against Richard Prince
Richard Prince Did Not Infringe Patrick Cariou’s Photos, Appeals Court Says
In Cariou v. Prince, An Appeal to Clarify a Crucial Fair Use Boundary
Appropriation Artist Richard Prince Liable for Infringement, Court Rules

November 12th, 2013

Supreme Court Declines to Hear Patrick Cariou’s Copyright Claim Against Richard Prince

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

April 25th, 2013

Richard Prince Wins Appeal; Court Overturns Infringement Ruling

A federal appeals court has ruled that artist Richard Prince did not infringe photographer Patrick Cariou’s copyrights by reproducing several dozen of Cariou’s images without permission. The appeals court said 25 out of 30 works by Prince at the center of the dispute made fair use of Cariou’s photographs.

The decision reversed a lower court ruling that held Prince liable for infringement.

Click here for the full story.

May 10th, 2012

The Art of the Steal: Warhol Didn’t Get Away With It. Why Should Richard Prince?

As we’ve reported in our coverage of photographer Patrick Cariou’s infringement claim against Richard Prince, Prince and his defenders argue that appropriation art does little harm to individuals from whom appropriation artists steal their raw materials. Their implied question: Where would civilization be without the great works of appropriation artists like Andy Warhol and Robert Rauschenberg?

Credit The Art Newspaper, a British publication, with taking on that argument. Yesterday they reported that Warhol, Rauschenberg and other big name appropriation artists quit stealing the work of others–and started getting licenses instead–after they got sued once or twice (or five times) for infringement.

“There is growing evidence—albeit rarely reported—that, although these artists may have started out as willing or unwitting outlaws, they decided that possibly infringing other artists’ copyright was legally unwise and potentially expensive, and they stopped,” writes Laura Gilbert for The Art Newspaper.

She reports that Andy Warhol faced lawsuits in the 1960s for unauthorized use of photographs by Patricia Caulfield, Fred Ward, and Charles Moore. He settled the claims out of court, and afterwards started asking for permission before incorporating works by others into his own creations. “He learned a lesson from the lawsuits,” Warhol’s gallerist, Ronald Feldman, told Gilbert.

Robert Rauschenberg was sued in the 1970s for unauthorized use of one of Morton Beebe’s photographs. After settling the suit in 1980, Rauschenberg reportedly quit appropriating the work of other artists. Jeff Koons, another appropriation artist who was famously sued (and lost) over the “String of Puppies” sculpture he copied without permission from a photograph, no longer uses the work of others without permission, his lawyer told The Art Newspaper.

Gilbert cites other examples, too. The message is that former art pirates with big names weren’t above the law, after all, and when they were sued into compliance, it wasn’t the end of appropriation art, much less civilization.

Richard Prince has already been held liable for infringement by a federal trial court judge. His appeal is pending. A victory for Prince, it seems, would put him in a special class of pirates with immunity, pretty much by himself.

Related:
Appropriation Artist Richard Prince Liable for Infringement, Court Rules
In Cariou v. Prince, an Appeal to Clarify a Crucial Fair Use Boundary

May 9th, 2012

Jeff Wall Photograph Fetches Artist Record $3.6 Million at Auction

"Dead Troops Talk (A vision after an ambush of a Red Army patrol, near Moqor, Afghanistan, winter 1986," © Jeff Wall.

A 1992 photograph by Jeff Wall sold for $3,666,500 yesterday evening during a Post-War and Contemporary art auction at Christie’s in New York City. The previous record sale for a work by Jeff Wall was $1.1 million.

The work “Dead Troops Talk (A vision after an ambush of a Red Army patrol, near Moqor, Afghanistan, winter 1986″ depicts a grisly scene in which Soviet Red Army soldiers killed by the Afghan mujahideen have come back to life and are conversing with one another.

The photograph, framed in a light box, was the first in an edition of two, with one artist’s print. The photograph has been in the collection of David and Geraldine Pincus, who acquired it from Marian Goodman Gallery in New York. The Pincus’s substantial collection formed a major part of the sale, which set a record for a Post-War and Contemporary art sale at $388.5 million, according to Christie’s.

The high lot in the sale was Mark Rothko’s “Orange, Red, Yellow,” which sold for $86.9 million, another record for a work from the Post-War period.

Three other photographs were included in the sale. A Richard Prince work that appropriated a Marlboro advertisement, “Untitled (Cowboys),” sold for $602,500. Cindy Sherman’s “Untitled #122″ sold for $206,500. And Nan Goldin’s “Ballad Triptych” sold for $218,500.

Related: Eggleston’s First-Ever Large Pigment Prints Earn 5.9 Million at Auction