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The Effect of Cariou v. Prince on Advising Appropriation Artists
Hosted by the Cardozo Art Law Society
Co-Sponsored by the Cardozo IPLS Copyright Committee
Wednesday, November 13th, 2013
6:00pm - 8:00pm
Cariou v. Prince is a recent case in the Second Circuit that has proved fascinating for anyone interested in copyright and art law. Join us for an engaging discussion on what this decision means for artists and the lawyers who represent them.
Patrick Cariou's 2000 book, "Yes Rasta" featured portraits he took while living among Rastafarians in Jamaica. The artist Richard Prince used dozens these portraits as the basis for his "Canal Zone" series, which was exhibited at the Gagosian Gallery in 2008 and generated over $10 million in sales. Mr. Cariou promptly sued both Mr. Prince and the Gagosian Gallery for copyright infringement. Mr. Cariou was successful in a 2011 District Court decision by Judge Deborah A. Batts, who denied Mr. Prince's argument of fair use, stating a work of art must "in some way comment on, relate to the historical context of, or critically refer back to the original work." This ruling was overturned by the United States Court of Appeals for the Second Circuit in February of this year. In contrast to Judge Batt's interpretation of fair use, the court held that "the law does not require that a secondary use comment on the original artist or work, or popular culture," but only that a reasonable observer find the work to be transformative.
While the Second Circuit's interpretation of fair use is much for favorable for appropriation artists, the decision has been criticized for a lack of guidance or predictability.
This panel discussion will feature:
John Koegel - The Koegel Group LLP
Michael Rips - Steptoe & Johnson LLP
Alan Behr - Phillip Nizer LLP
Chinese food will be served.