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Cariou Files Appeals Brief—Is this Case Less Transformative Than It Seemed?

Posted by Nicholas O'Donnell on January 31, 2012 at 12:19 PM

Patrick Cariou has filed his much-anticipated responsive brief in the Richard Prince/Gagosian Gallery copyright infringement appeal. Cariou’s brief makes its stand on the question of transformative use. The degree to which a derivative work is transformative of a protected work is, of course, a central element of a fair use analysis about which Prince will have to persuade the Second Circuit to overturn the judgment below. In so doing, however, one starts to wonder if this case will be of less precedential value—less transformative, if you will—than it has seemed since the judgment last year.

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Topics: Richard Prince, Infringement, Second Circuit, Transformative Use, Canal Zone, Patrick Cariou, Yes Rasta, Appropriative Art, Copyright, Gagosian Gallery, intellectual property

Richard Prince Copyright Appeal Survives Cariou Motion to Dismiss

Posted by Nicholas O'Donnell on September 20, 2011 at 1:59 PM

The Richard Prince copyright case is in the news again, though probably more than it deserves. Patrick Cariou, whose photographs Prince was found this spring to have infringed, moved to dismiss Prince’s appeal arguing that the injunction concerning the impoundment and destruction of the existing works (Prince was ordered to deliver them for destruction) was mooted by a stipulation between the parties. Thus, Cariou argued, there was nothing at the moment to appeal (i.e. Prince appealed to soon).

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Topics: Richard Prince, Rasta, Canal Zone, Patrick Cariou, Appropriative Art, Yes, Copyright, Gagosian Gallery, intellectual property, Fair Use

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About the Blog

The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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