Wednesday night, a decision by a three-judge appellate court panel marked a turnaround in the closely watched copyright infringement case Cariou v. Prince, pitting photographer Patrick Cariou against art star Richard Prince. Hyperallergic consults intellectual property expert Peter Friedman on the new outcome, with further exclusive commentary from Cariou’s attorney.
I have long suspected that all the press attention garnered by the Cariou v Prince story, with its heady mix of celebrity, power and money has caused the importance of this case to become magnified in the eyes of courtroom outsiders.
Go ahead, expect more of these sweaty headlines with question marks in them. Because, with the now rather infamous Cariou v Prince case up for appeal sometime this year, we are facing another deluge of half-informed, and angrily contentious, punditry which will wash over the raw, dry, factual sands of more professional reports like a tsunami of histrionics.
The recent Cariou v Prince District Court decision has brought to the fore, once and for all, the elephant in the art world and courtroom, Fair Use, which had, until now, managed to avoid close scrutiny in the popular press.