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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 inArt

Patrick Cariou Versus Richard Prince: Pick Your Side

The art world is apparently supposed to line up behind Richard Prince. If you’re radical right now, you view intellectual property (IP) as a vestige of an archaic market strategy. You think of IP enforcement as a form of hoarding. And you think that anyone who objects, just “doesn’t get it.” And any artist who wishes to build a brand or even to get paid for serial prints (mind you, this includes some of the very radicals mentioned above!) — well, they are supposed to line up behind Patrick Cariou. If you’ve got a vested interest in a body of work, you think of appropriation artists as vermin, lazy, energy-sapping parasites. And you think that anyone who objects is an egomaniac with a crazed sense of entitlement. Want to pick a side in the debate? Here are a few things you’ll need to know.