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Cariou v Prince: a continuing controversy

In March, this blog reported on the 2nd circuit's ruling on Patrick Cariou's lawsuit against appropriation artist Richard Prince. Batts granted summary judgment in favor of Cariou on the issue of copyright infringement. The court ordered Prince to destroy millions of dollars worth of his own artwork. Prince appealed.

On September 15th, The United States Court of Appeals for the Second Circuit denied Mr. Cariou’s request to dismiss Mr. Prince’s appeal. The NY Times reported that the court indicated questions raised by the case remained “a continuing controversy capable of redress by this court.”

Rachel Corbett at ArtNet spoke with Prince's lawyer, Josh Schiller.

"At the heart of Prince’s appeal, according to Schiller, is Batts’ assertion that an artist must explain the meaning of his or her work in hindsight. She wrote that Prince testified himself that he doesn’t 'really have a message' and has 'no interest in the original meaning of the photographs he uses.'"

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Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.