Questioning Fair Use: Artist Lawsuit Evaluates the Limits of Appropriation

  • Last March, a federal district court ruled that artist Richard Prince had broken copyright law by using a series of photographs without permission to create his own artwork, which was later sold for $2.5 million. The artist is appealing under Fair Use laws which allows for re-use if the new piece “adds value to the original,” reports The New York Times.
  • The Museum of Modern Art and the Metropolitan filed papers supporting Prince based on “the strong public interest in the free flow of creative expression.”
  • The tradition of appropriation is evident in the art world over much of the last half century. One could argue that appropriation is becoming even more pronounced with the digital flow where one can access almost any image or clip and share it with the world.
  • Digital tools are evolving to encourage re-use. A new iPad app called Mixel, for example, allows you to grab images, create a collage and share with your social network.
  • The case centers on the intention of the artist. Fair use allows one to copy for the purpose of criticism, comment or news reporting. Should, in the words of the artist, “to make great art that makes people feel good,” be covered under Fair Use?

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