Preview

Prince Vs Cariou Case Study

Powerful Essays
Open Document
Open Document
1875 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Prince Vs Cariou Case Study
Prince v. Cariou Brief A. Statement of the Case Plaintiff Patrick Cariou sought summary judgement on the issue of liability of copyright infringement. Defendants Richard Prince, Gagosian Gallter, Inc., and Lawurence Gagosian sought a determination that their use of Plaintiff’s copyrighted photographs was a “fair use” under the relevant section of the Copyright Act, 17 U.S.C. §§ 107 (1)-(4), and that the Plaintiff’s claim for conspiracy to violate his rights under the Copyright Act is barred by law. The Second Circuit Court found (1) that Defendants' infringing use of Plaintiff's copyrighted photographs was not fair use under the Copyright Act; and (2) that Plaintiff's conspiracy claim is barred by law. Accordingly, Defendants' …show more content…

He then published a book of pictures of his time in Jamaica and titled it “Yes, Rasta”. The book primarily consisted of his poritraits of the Rastafarians and various scenic pictures of the country’s geography. Cariou testified that he had used unique techniques for his pictures and that his artful use of staging techniques and ideas made the pictures his signature work. Hence, Cariou is the sole copyright holder of the all the images in Yes, Rasta. The Defendant Richard Prince, on the other hand, is a well known “appropriation artist”, and has shown his works at the Guggenheim in New York City, and other famous museums and …show more content…

A creative work weighs in favor of the copyright holder, whereas a factually based work is afforded more leniency. Photographs are these strange amalgamations of fact and fiction, art and the historical. Cariou documented the microcosmic world of the Rastafarians, capturing a piece of history and culture. However, he did so in an artistic way, choosing his subjects, playing with light and color, choosing different angles. The Second Circuit found that although the works were creative and published, this fact did not have much bearing on the court’s analysis when a creative work is used for a transformative purpose. The Court glossed over this factor; however, this is critical because of the spectrum of protection that works get based on their nature. With factual, historical, or scholarly works, individuals are afforded more freedom to use such works than in fictional or artistic

You May Also Find These Documents Helpful

  • Good Essays

    DECISION: The federal district court granted CTG’s motion to enter a default judgment. The U.S. Court of Appeals for the Ninth Circuit affirmed the judgment of the lower court. Therefore, the appellate court held that “in light of Brotby’s horrible record of discovery abuses” and his “abiding contempt and continuing disregard for the court’s orders,” the lower court properly exercised its discretion in entering a default judgment against the defendant.…

    • 677 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Prince Sports is a leading tennis supplier in the international market. They have many products including racquets, bags, apparel and other accessories. They are leaders in innovation in tennis and have invented new racquet technology. Prince is excellent at catering to all types of tennis players, from juniors to professionals and everyone in-between.…

    • 855 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Therefore, to answer the question, yes, their decision in ruling in favor of the plaintiff was correct. Cases like these are very sensitive, whether it is copyright infringement, or anything to do with reproduction of original material,…

    • 462 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    A. The plaintiff is Johnny and Edgar Winter who are two albino brothers that were well known musicians. The defendant is DC Comics. The problem or issue is the two brothers who were musicians allege causes of action including appropriation of their names and likeness of themselves in the DC Comics. The comics depict fictionalized singing cowboys who the Winter brothers say is similar to themselves. DC Comics was seeking protection under the first amendment. The court of appeals ruled against DC Comics. Edgar Winter appealed the decision of the court of appeals and he then escalated the allegations to the Supreme Court. The Supreme Court ruled in favor of DC Comics under the first amendment.…

    • 1519 Words
    • 7 Pages
    Good Essays
  • Better Essays

    Lu, Z. Z., & Jarons, S. (2013). KIRTSAENG v. JOHN WILEY & SONS INC. (11-697). Federal…

    • 976 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    “The painting should be an original, not a reproduction” (Winterson 8). The reproduction of art diminishes the originality and authenticity of the piece. Not only does this diminish originality but bypasses giving the appropriate credit to the founder. In the novel Art Objects: Essays on Ecstasy and Effrontery Winterson asserts that an artist needs to be familiar with past art, this is important in ensuring that contemporary artists do not plagiarize past work.…

    • 73 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Walt Disney Vs Eric Faden

    • 302 Words
    • 2 Pages

    In the trial of walt disney versus eric faden, I believe that the defendant is innocent. I believe that his work was fair use and i believe this to be true for many reasons.…

    • 302 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Plaintiff’s, 19-year-old Elli Lake and 20-year-old Melissa Weber were photographed nude, by Weber’s sister, when they were showering together while on vacation in Mexico. Upon return from their vacation, Lake and Weber brought their vacation film to Wal-Mart’s photo lab for developing. When they picked up their developed photos, there was a note from Wal-Mart enclosed with the photos and negatives stating that one or more photos had not been printed due to the nature of the photo. Through friends and acquaintances, Lake and Weber’s had learned a Wal-Mart employee had been sharing a copy of their nude photo, and were later informed a copy or copies of the photograph continued circulate through their community.…

    • 462 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Mapp v Ohio

    • 434 Words
    • 2 Pages

    i. Plaintiff, Dollree Mapp, was illegally raided by Cleveland police. After receiving information that an individual, wanted in connection with a recent bombing, was hiding in Mapp's house, the Cleveland police knocked on her door and demanded entrance. On the other hand, the defendant was the state of Ohio. The police were looking for a bombing suspect and during the search found a gun and obscene literature.…

    • 434 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The Court saw Groksters actions as an infringement by promoting internet software designed to let users download copyrighted material. Users began sharing copyrighted music and video files without authorization. There was no evidence of an effort made by the defendant to filter copyrighted material from users downloads or interrupt the sharing of copyrighted files. The courts evidence is that the defendants had no desire to reduce user’s infringement because filters would have reduced users and filters would have reduced the software attractiveness to its users. The defendants had a financial interest in the infringing activity that occurred, as a result of their distribution of the software and because of their receipt of revenue from…

    • 138 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    With the proliferation of 3-D Printers and the availability of copyrighted materials posted online, there is an additional facet to the current debate surrounding copyright and ownership of intellectual property. Piracy of digital media such as music and videos has been a long-standing issue since the 1990’s with Napster and similar peer-to-peer file sharing programs.…

    • 4860 Words
    • 14 Pages
    Powerful Essays
  • Powerful Essays

    Ideas are neither created nor destroyed, therefore the notion of originality is false. Originality cannot exist if every thought and idea are preexisting, because it is proven that as human beings, we are naturally inclined to copy one another. Specifically in art, it comes to no surprise that artists can become heavily influenced by another’s artwork and unconsciously copy them. In some instances, this would be considered plagiarism and or copyright infringement, but to Jonathan Lethem, it is a gift. In his piece, “The Ecstasy of Influence: A Plagiarism” he discusses the obscenities of privatizing ideas and opinions, because it restricts creativity.…

    • 1603 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Business Law - Copyright

    • 1254 Words
    • 6 Pages

    The Respondent, John Wiley & Sons (“Wiley”), brought a claim against Petitioner, Supap Kirtsaeng d/b/a Bluechristine99 (“Kirtsaeng”), for violation of the Copyright Act, 17 U.S.C. Sections 101-810.…

    • 1254 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    that images and narratives do important cultural work. They serve as a kind of workshop…

    • 799 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Photography has been around for over 150 years. It has evolved and expanded since it’s introduction in 1839 but it still remains to be seen as the perfect medium for documenting reality. Art critic and author Andy Grundberg tried to understand the medium in 1974, stating that “photography was still perceived primarily as an instrument of social reality, able to represent the way things really were in the world.” As technologies changed, so did cameras and photographers were able to produce more realistic images for magazines and newspapers. Because photographs were able to uncover the so-called ‘truth’, when it became known that many historical photographs were fakes and had actually been manipulated to look a certain way, this caused uproar…

    • 1394 Words
    • 6 Pages
    Better Essays