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Stephen Kroninger
Wall Street Journal: Color This Area of the Law Gray
posted:
Wall Street Journal: Daniel Grant: "Beauty, it is often said, is in the eye of the beholder, and so might be copyright infringement. Artist Richard Prince never denied that he made use of some photographic images he found in a 2000 book by Patrick Cariou called "Yes Rasta," documenting the community of Rastafarians the French photographer encountered in the mountains of Jamaica, for collage paintings that were exhibited last fall at New York's Gagosian Gallery and reproduced in a book published by Rizzoli. The question is whether Mr. Prince's use of these images was "transformative" -- borrowing in the process of creating something entirely new -- or just stealing. A lawsuit filed by Mr. Cariou in New York District Court in late December against the appropriationist Mr. Prince -- as such artists are known -- likely will be one more front in the battle over what constitutes copyright infringement in these days of "sampling" and point-and-click downloading."


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