Artist Richard Prince Infringed Photographer's Works; No Fair Use

摘要

An artist's use of a photographer's works in a book about Rastafarians was not a transformative fair use, and was thus infringing, the U.S. District Court for the Southern District of New York ruled March 18 . Granting the photographer's summary judgment motion, the court ruled that the artist, Richard Prince, merely used the photographs to refer to other artists and for a commercial purposes-to sell paintings. Further, Prince had not met the four fair use factors found in 17 U.S.C. para. 107. The court also found the gallery where Prince displayed his works directly, vicariously, and contributorily liable for the infringement.