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Home / Case Digests / Second Circuit — Copyright: Cariou v. Prince, et al.

Second Circuit — Copyright: Cariou v. Prince, et al.

U.S. Court of Appeals for the Second Circuit 


Fair Use — Photographs and Works of Art

Cariou v. Prince, et al.
Judges B.D. Parker, Hall and Wallace

Background: The defendant appealed from a judgment finding that the defendant’s artworks infringed upon the plaintiff’s registered copyrights in certain photographs. The plaintiff published a book of classical portraits and landscape photographs concerning the Rastafarians in Jamaica. The defendant altered and incorporated several of these photographs into a series of paintings and collages.

Ruling: The Second Circuit reversed. The court found that the applied the incorrect standard to determine whether the defendant’s artworks make a fair use of the plaintiff’s photographs. Further, the court found that all but five of the defendant’s works made a fair use of the copyrighted photographs.

Joshua I. Schiller of Boies, Schiller & Flexner for the defendant-appellant Richard Prince; Hollis Anne Gonerka Bart, Chaya Weinberg-Brodt, Dara G. Hammerman and Azmina N. Jasani of Withers Bergman for the defendants-appellants Gagosian Gallery Inc. and Lawrence Gagosian; Daniel J. Brooks of Schnader Harrison Segal & Lewis for the plaintiff-appellee