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Court Expands 'Fair Use' for Artists Using Copyrighted Works

A federal appeals court in New York last week ruled that an artist who incorporates the copyrighted works of another artist without permission does not necessarily have to comment on the copyrighted work to be entitled to the protections of the “fair use” defense to copyright infringement claims.

So Reuters reports.

The court issued the holding while deciding that certain of prominent appropriation artist Richard Prince's works did not infringe on plaintiff Patrick Cariou's photographs of Rastafarians in Jamaica.

Included in the works that the court classified as protected “were those that manifested ‘an entirely different aesthetic from Cariou's photographs,’ in that Cariou's were serene images in nature while Prince's were ‘jarring ... hectic and provocative,’” according to Reuters.

Read the full Reuters article here.

 

Richard Prince's show at the Guggenheim

Richard Prince's show at the Guggenheim (Photo credit: thefuturistics)

 

 

 

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