The appropriation artist
The use and reuse of rich media is familiar territory for artists and a fundamental part of arts practice, below are some recent examples of artist appearing in high profile court cases defending the artistic right to appropriation of culture, see debate The Case for Appropriation. This also closely relates to the open education movement and the use and reuse of rich media online.
Prince v. Cariou RICHARD PRINCE APPEAL FILED IN COPYRIGHT CASE
Three judges heard oral arguments in the appeal regarding the significant copyright case Prince v. Cariou this morning. The lawyers for Prince seemed to have the judges' collective ear, which could bode well for the appropriation artist. see more here - http://www.artinamericamagazine.com/news-opinion/the-market/2012-05-21/price-cariou-oral-arguments/
Injunction in Prince V. Cariou Compared to Taliban in Appeal
The case concerns the "Canal Zone" series of paintings by artist Richard Prince (2008), which incorporated photographs by Patrick Cariou from his 2000 book Yes, Rasta (Powerhouse) for a show at Gagosian Gallery. In 2009 Cariou brought a copyright infringement suit against Prince, Gagosian Gallery, Lawrence Gagosian and catalogue publisher Rizzoli. In March 2011, U.S. District judge Deborah Batts ruled against Prince and ordered the defendants to destroy remaining copies of the catalogue and unsold paintings that make use of Cariou's photographs. The case has given rise to extensive debate in the art world over copyright law and provisions for "fair use" of appropriated original material.
Richard Prince may have finally found the arguments he needs to prevail in the controversial copyright case he’s been fighting since 2008. A 92-page appeal filed by law firm Boies, Schiller & Flexner on Oct. 26, 2011, makes a strong case that circuit court judge Deborah Batts ruled against the appropriation artist -- and in favor of French photographer Patrick Cariou -- in error this past March.....READ MORE - http://www.artnet.com/magazineus/news/corbett/prince-versus-cariou-11-4-11.asp
Art Rogers vs. Jeff Koons
Article by JEditor's Note: We have been struck by the recent controversy generated by Richard Prince's exhibition at the Guggenheim Museum in New York City: some are arguing that the work is not original given its use of photography by others. Richard Prince fed the fire with quotes such as, "I never associated advertisements with having an author," or ""I didn't do it, but I saw it, and that must count for something." The New York Times ran an article titled, "If the Copy Is an Artwork, Then What's the Original?"
Left: Art Rogers, Puppies, 1985 © Art Rogers. Right: Jeff Koons, String of Puppies, 1988.