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“Infringing Derivative Works and Bad Faith”

Posted in Discussions by Paul Turounet on March 20, 2011

Patrick Cariou (left) v. Richard Prince (right)

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This past Friday, it was announced that U.S. District Court Judge Deborah A. Batts had ruled in favor of photographer Patrick Cariou and his copyright infringement claim against Richard Prince.

For an informative discussion on the details of the ruling as well as an interview with Patrick Cariou regarding his claim, click on Richard Prince Loses Fair Use Argument and Patrick Cariou On His Copyright Suit Victory Against Richard Prince

I wonder what this might mean for artists such as Thomas Ruff, Penelope Umbrico, Doug Rickard and Michael Wolf, appropriating imagery from the internet, including various search engines, Google Streetview and Flickr?

Particularly, in consideration of the statement in the ruling that suggests that the work is “transformative only to the extent that they comment on the [Photos]; to the extent they merely recast, transform, or adapt the Photos, [Prince’s Paintings] are instead infringing derivative works.”

It would seem that there will be considerable debate about such work and to what “extent they merely recast, transform or adapt.”

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