On March 18, 2011, Deborah A. Batts, U.S. District Court Judge for the Southern District of New York, rejected a fair use defense raised by the “appropriation artist” Richard Prince and his co-defendants, the Gagosian Gallery and Lawrence Gagosian. The action was brought by Patrick Cariou, a professional photographer who had spent portions of six years with Rastafarians in the mountains and forests of Jamaica, thereby earning their trust and the kind of access needed for his photographic work. A selection of the resulting photographs, many of which are quite striking, was published in his book, “Yes, Rasta.”1
Richard Prince, an established “appropriation artist” whose work has been exhibited in major museums and galleries throughout the world, incorporated many of these photographs, without permission, into his paintings in a manner he claimed to be fair use,2 but that Judge Batts held was decidedly not. Her decision in Cariou v. Prince,3 which is now on appeal, has implications not only for the art world, but also for a wide range of creative endeavors that in some fashion incorporate pre-existing works. It also, if affirmed, could shake the foundations of “appropriation art.”
What Is ‘Appropriation Art’?
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