In Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013), the U.S. Court of Appeals for the Second Circuit has rewritten the fair use doctrine as it applies to artistic appropriation. That decision, built on false assumptions, assures confusion and misdirection for attorneys and judges into the indefinite future.
Background
Patrick Cariou spent six years photographing Rastafarians who lived in the mountains of Jamaica. Cariou’s photographs, published in a book (Yes Rasta), were incorporated by Richard Prince, a well-known contemporary artist, into a series of paintings and collages. To Cariou’s photographs, Prince added, in varying degrees, naked women, guitars, and circles of color. Cariou did not consent to the use of his work.
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