Famous Trademark Case to Learn From | Artistic Appropriation or Copyright Violation?

Famous Trademark Case to Learn From | Artistic Appropriation or Copyright Violation?

The Cariou vs. Prince Richard Prince, known for appropriation art, faced off against photographer Patrick Cariou when Prince used 41 of Cariou’s photographs for his exhibition, claiming fair use for the new meaning he created.

Cariou argued it was copyright infringement, and in 2011, the judge initially ruled in favor of Cariou, stating the changes weren’t enough to qualify as fair use.

However, the case took a twist when the ruling was overturned in 2013, siding with Prince, as his work was deemed transformed enough to be considered fair use.

The case raised tough questions about artistic intent, what constitutes transformation, and where the line between inspiration and imitation lies.

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