The Richest Photographer in the World

Started Dec 9, 2015 | Discussions thread
SpinOne Veteran Member • Posts: 3,984
Re: Richard Prince is a Jerkface

mostlyboringphotog wrote:

To me, the instagram case is the most egregious; the "copyright holders of the instgram" were not damaged (assuming they were not planning to make money on their photos). I suppose they could claim pain and suffering but a "reasonable" person would as why they felt pain and how they suffered.

They don't need to claim pain and suffering. He violated their copyright; they've got a case. Pretty simple.

To me, it's like someone built an expensive work of art from the trash collected and suddenly, the former owners of the trash want the cut.

That's not it at all. Not by a long shot.

Many of those individuals had published those images on Instagram for their own purposes, such as self-promotion. One of them (Doe Deere) is the CEO of a cosmetics company, and uses her Instagram for branding purposes.

The images were not "disposed of" or "abandoned" like an item in the trash. They were merely shared on a network with no expectation of direct commercial compensation. You don't lose your copyright because you post your image on Instagram, or any other website.

Further, Prince also did not change the images at all. He just added a comment, and printed them big.

I'm pretty much convinced at this point that he is deliberately spitting in the eye of the appellate court in Cariou. That court found that an appropriation that merely comments on a work (as opposed to transforms it) is not fair use. So what did he do? He made works where all he did was comment on the original, and did not transform it.

I for one think he needs a good hard slap in the courts. However, it's not clear if anyone will sue, and it is clear that his lawyers would spin a stream of pure BS to win the case, regardless of Prince's true intentions.

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