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Posted inArt

Is Cariou v Prince Killing the Big T?

‘Transformative use’ is just mucking things up. That’s what I think. Providing a pivot for the Cariou v Prince case and the only real point of interest no matter what the pundits say, transformative use, instead of the fog-clearing test that it was supposed to be, has become the main particulate in a legal fog of war that has lasted three years now. Thus far, the dueling Cariou v Prince briefs have added new certainty to my theory that transformative use is a singularly unhelpful notion.

Posted inNews

Will Richard Prince Have to Destroy Rasta Photos?

The result of a lawsuit levied against Richard Prince’s “Canal Zone” series of photos has determined that the artist may be forced to destroy the works, as they violate copyright laws protecting the series of photographs appropriated by Prince, “Yes Rasta” by French photographer Patrick Cariou. In the end, what happens to Prince’s work is up to Cariou. The court case revolved around whether or not Prince’s alterations of the Cariou’s photos constituted total transformations of the originals, and thus protected under fair use laws. The answer handed down by the court was that Prince’s works didn’t count as fair use of the images — in a word, Prince’s works were too derivative.

Posted inArt

Is a Cease and Desist About Irony, Hypocrisy or Legal Strategy?

Jamie Alexander and Derek Song were surprised in late December of last year when they received a letter from the New York law firm of Jones Day, which represents Jeff Koons, LLC. Their San Francisco retail store and gallery, Park Life, had never attracted the attention of the art world’s big hitters before, but now, one Peter D. Vogl had sent them a cease-and-desist letter calling for the immediate cessation of their sale of balloon dog bookends. Apparently the 10.2” matte plastic pooches were threatening the Koons art empire and potentially confusing customers who are more accustomed to spending a lot more money on ten foot high hi-gloss steel versions of the same species.

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