Rastafarian Art Case Appeal is About Copyright Protections vs. Creative Freedom

THE NEW YORK TIMES
By Randy Kennedy

Richard Prince's "Inquisition," which uses the
Rastafarian pictures taken by the French photographer Patrick Cariou.

NEW YORK - In March a federal district court judge in Manhattan ruled that Mr. Prince — whose career was built on appropriating imagery created by others — broke the law by taking photographs from a book about Rastafarians and using them without permission to create the collages and a series of paintings based on them, which quickly sold for serious money even by today’s gilded art-world standards: almost $2.5 million for one of the works. The decision, by Judge Deborah A. Batts, set off alarm bells throughout Chelsea and in museums across America that show contemporary art. At the heart of the case, which Mr. Prince is now appealing, is the principle called fair use, a kind of door in the bulwark of copyright protections. [link]