[NetBehaviour] Cariou vs. Prince: THE COPYRIGHT BUNGLE

Rob Myers rob at robmyers.org
Fri Apr 1 19:31:44 CEST 2011

On 01/04/11 17:29, Catherine Daly wrote:
> It is actually pretty consistent with recent decisions in music and
> literature re: copyright.

It may or may not be consistent with recent bad decisions in literature
and music that have misguidedly reduced the scope of free expression in
the name of enforcing commercial interests.

But as artists what should concern us is that it is a decision regarding
art that significantly reduces what it is possible to do in art.

> Plus, he's appropriated 40 entire images and superimposed on them.  He
> hasn't altered the base image of the one picture I saw. 

Except by collaging it and painting on or around it to produce a
noticeably new combined image.

Reports of the case have been very careful to show only the most similar
(parts of) images. And yet I doubt anyone would lose money if asked to
bet on which was the original and which was the adaptation even for those.

> It seems part of his intent was to reduce the marketability of the
> original images (not of the small pieces of other images).  But his
> greater profit than the maker of the base images is very much on point.  

Well, no, as literature and music cases show. You don't have to be
making more money than the rightsholder for their loss of revenue or
your profit motive to be a factor in the four step test.

> But, is this fair use because it is parody?

No. It is fair use because it is transformative. It changes the
appearance and tone of the source material into something original and new.

Which part of "destroy the art" are people not getting?

- Rob.

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