27 March 2011

Annals of Fair Use ~ Cariou v. Prince

A couple of years ago I posted here on the copyright infringement case that French photographer Patrick Cariou filed against Ricard Prince, his publisher, and gallery representative. At the time I thought the case was a loser for Cariou. He managed to prove real professional and financial damagess, though and it turns out that a Federal Judge has ruled in his favor. As The Guardian reports (and The New York Times here too) the judge has ordered Prince to destroy works with a substantial market value. And the Gallery has to tell those poor folks who bought some of the works that it is copyright infringement to display them! Think what you will of Prince (Me? Answer: not much) this seems like a stupid outcome all around.

In my initial post I suggested a remedy for stupidity - aiming it, mistakenly as things turn our, solely at Cariou. I reiterate my suggestion here and suggest that the judge the plaintiff and defendenet and everyone else do some chillin'.

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