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

Federal Court Sustains Vivian Maier Copyright Claim

Posted by on Tuesday November 21, 2017 | Copyright/Legal

A federal court in Chicago has ruled that the Vivian Maier Estate can proceed with copyright infringement and other claims against defendant Jeffrey Goldstein, who allegedly sold prints, set up exhibitions and licensed Maier’s images without authorization. The ruling came in response to a motion by Goldstein to dismiss the estate’s claims against him. The... More

Copyright Watch: In Apparent Retaliation, CBS Sues Photographer Who Sued Them for Copyright Violation

Posted by on Thursday November 2, 2017 | Copyright/Legal

  CBS Broadcasting Inc. has filed a lawsuit against photographer Jon Tannen for allegedly posting images from a television show on social media. The complaint appears to be an attempt to retaliate against Tannen for trying to protect his copyright. In February, Tannen, a New York City-based photojournalist, sued CBS Interactive Inc. for willful copyright... More

Photog Terry Richardson Banned by Conde Nast, According to Leaked Email

Posted by on Tuesday October 24, 2017 | Copyright/Legal, Media

Conde Nast magazines have blacklisted photographer Terry Richardson because of numerous allegations he sexually assaulted and harassed models and stylists, according to a report in The Telegraph. The newspaper reports that an email circulated to Conde Nast magazines says the publishing company “would like to no longer work with the photographer.” In addition, any shoots... More