Pixiq

Photographer Patrick Cariou just won a major case against artist and rip off king, Richard Prince. For years Prince has taken photos from ads and sometimes has done nothing more than blow them up large and sell them for 6 figures, or more. His Marlboro Cowboy series was never challenged, because the photographers working on Marlboro ads sold their copyright to the Phillip Morris Company. Without owning the copyright, the photographers could never sue.

But this time Prince lifted 41 images from French photographer Patrick Cariou’s Yes, Rasta book published in 2000.  Cariou spent many years with the Rastas, gaining their trust, living with them, in order to make his photos. Prince simply had his interns buy the book.

Cariou sued and Prince tried claiming and hiding behind a “fair-use” defense, meaning he was transforming the original works, as opposed to creating derivative images. This defense has been used many times by artists “appropriating” the work of others and them claiming it as their own. Photographers call this “ripping off” or “stealing” rather than “appropriating”.  

The judge, US District Judge Deborah Batts, ruled and said basically, “Good try, but no, it’s not fair-use”.  Of course the judge used better sounding legal language, but that’s the idea.

Judge Batts also ruled that all infringing copies Prince created using  Cariou’s Rasta photos be impounded and destroyed. Considering that Prince’s gallery show at the prestigious Gagosian Art Gallery, called “Canal Zone” pulled in about 10.5 million dollars on the sale of some of the paintings, with 60% to Price and 40% to the Gagosian Gallery. That doesn’t count seven paintings that were traded for other works valued “between $6 million and $8 million” according to court papers. The gallery also sold over $6,000 worth of exhibition catalogues.

The real question for me is “Who the heck is spending that kind of money on that kind of junk!”

In any case, this is a major ruling and sets case law. Photographers should rejoice at this ruling. The good guys win one. There is a settlement meeting set for early May. My feeling is that there will be a non-disclosure included in a settlement, and all we’ll ever be told, most likely, is that a “settlement made to the satisfaction of both parties” was made, meaning that Prince wrote a VERY large check to Cariou.  I  really think Cariou will be much more satisfied than Prince. But that’s my opinion.

You can read the case and the ruling at http://www.scribd.com/doc/9834477/gagosian