Dramatic fair use art news!!!
Rewind: In 2008, artist Richard Prince “Canal Zone” series incorporated the photographs of Patrick Cariou from his “Yes, Rasta” (2002) book for a successful, lucrative show at the Gagosian Gallery. Cariou sued from copyright infringement. In 2011, the court ruled against Prince and order the artist to destroy catalogue copies and unsold work. Today, that decision was overturned!
According to Judge B.D. Parker’s decision (Google doc of PDF here):
We conclude that the district court applied the incorrect standard to determine whether Prince’s artworks make fair use of Cariou’s copyrighted photographs. We further conclude that all but five of Prince’s works do make fair use of Cariou’s copyrighted photographs. With regard to the remaining five Prince artworks, we remand the case to the district court to consider, in the first instance, whether Prince is entitled to a fair use defense.
Art In America talked to attorney Virginia Rutledge, to make it clear:
This decision absolutely clarifies that the law does not require that a new work of art comment on any of its source material to qualify as fair use.
To clarify further: NANANANA, NANANA, NA. NA-NA.