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Archive 2013 · Appeals Court Ruling in Copyright Case Allows Artist’s ...
  
 
henryp
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p.1 #1 · p.1 #1 · Appeals Court Ruling in Copyright Case Allows Artist’s Re-Use of Photos


Appeals Court Ruling Favors Richard Prince in Copyright Case Allows Artist's Re-Use of Photos

Henry Posner
henryp@bhphoto.com
B&H Photo-Video



Apr 25, 2013 at 09:09 PM
RustyBug
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p.1 #2 · p.1 #2 · Appeals Court Ruling in Copyright Case Allows Artist’s Re-Use of Photos


Legalized theft


Apr 26, 2013 at 03:54 AM
TT1000
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p.1 #3 · p.1 #3 · Appeals Court Ruling in Copyright Case Allows Artist’s Re-Use of Photos


Better to be Appropriation Artist than Photographer:

"Cario [photographer]...has earned just over $8,000 in royalties from Rasta since its publication. He has sold four prints from the book, and only to personal acquaintances."

"Prince ["appropriation artist"] sold eight artworks for a total of $10,480,000, and exchanged seven others for works by painter Larry Rivers and by sculptor Richard Serra."



Apr 26, 2013 at 09:50 AM
mdude85
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p.1 #4 · p.1 #4 · Appeals Court Ruling in Copyright Case Allows Artist’s Re-Use of Photos


I would probably agree with the last lines of the article,

Donn Zaretsky, a lawyer who blogs about art-law cases and has closely followed the Prince case, agreed with Mr. Brooks. To me its a missed opportunity to really bring some clarity to this issue, he said. How do you decide whether something is transformative or just not quite transformative enough? .

The decision remains highly dependent on the case itself. So this means it is still possible to make broad challenges to fair use doctrine in courts in the future.



Apr 26, 2013 at 10:25 PM
Lee Saxon
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p.1 #5 · p.1 #5 · Appeals Court Ruling in Copyright Case Allows Artist’s Re-Use of Photos


"Fair use" ends, unequivocally, when the "user" (thief) earns a single cent from the "use" (theft). If the court says otherwise they're accomplices to the crime. Cario is entitled to every cent Prince "earned" from his "use."


Apr 27, 2013 at 07:16 PM
 

Search in Used Dept. 



RustyBug
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p.1 #6 · p.1 #6 · Appeals Court Ruling in Copyright Case Allows Artist’s Re-Use of Photos


+1 @ fair use = no $$$ gain ... and transformative/derviative is no excuse.

I made it, you took it for personal gain = theft ... too simple.

Oh, but you put work into to make it different ... yeah, I put work into it too, before you got your hands on it.
50/50 split @ profits or jail for theft.


Vent/rant ... but c'mon where does it end and why is it so difficult to comprehend ... you are not entitled to my stuff, go make your own stuff (or pay me/someone to do it for you).



Apr 27, 2013 at 07:19 PM
sorpa
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p.1 #7 · p.1 #7 · Appeals Court Ruling in Copyright Case Allows Artist’s Re-Use of Photos


RustyBug wrote:
Legalized theft


The best definition!
Comparing to this specimen - Richard Prince - a Wolfgang Beltracchi is a hard working artist.
A Beltracchi sweats for his work. He looks for canvases, colours, and most notably he invents/reinvents/continues somebody elses work. He is a talented painter ( I`m not saying copyer because he didn`t do that). Not anyone could do that.

A richard prince started by photographing the Marlboro man series/advertisement. Let me emphasize it: he photographed a print. He enhanced the colours,printed them large and sold them for millions.
What I can`t understand is why somebody would pay millions for a known fake?



Apr 27, 2013 at 08:40 PM
Arka
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p.1 #8 · p.1 #8 · Appeals Court Ruling in Copyright Case Allows Artist’s Re-Use of Photos


RustyBug wrote:
+1 @ fair use = no $$$ gain ... and transformative/derviative is no excuse.

I made it, you took it for personal gain = theft ... too simple.



Too simple indeed.



May 03, 2013 at 03:25 AM
Arka
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p.1 #9 · p.1 #9 · Appeals Court Ruling in Copyright Case Allows Artist’s Re-Use of Photos


mdude85 wrote:
I would probably agree with the last lines of the article,

.

The decision remains highly dependent on the case itself. So this means it is still possible to make broad challenges to fair use doctrine in courts in the future.


I often wonder if it's possible to bring clarity to these issues, given how fact-intensive each case is. Further, each regional federal circuit can each interpret the law differently.



May 03, 2013 at 03:27 AM





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