April 17th, 2014

Baltimore To Pay $250K for Videos Deleted by Police: A Vindication of Photographers’ Rights

Christopher Sharp, plaintiff in Sharp v. Baltimore City Police Department

Christopher Sharp, plaintiff in Sharp v. Baltimore City Police Department (source: ACLU video)

The City of Baltimore and its police department have agreed to pay $250,000 to settle a claim of unlawful seizure and destruction of cell phone videos that belonged to a citizen who allegedly recorded police arresting and beating another person.

Police have admitted no wrongdoing, but agreed as part of the settlement to issue a written apology to Christopher Sharp, the plaintiff in the case.

In addition, the Baltimore Police Department (BPD)  has agreed to adopt a comprehensive and detailed written policy intended to protect the rights of citizens to photograph and record police activity from anywhere those citizens have a legal right to be, without interference or intimidation from police. (more…)

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