By Irina Tarsis, Esq.
In truth... in art, there are few, if any, things , which in an abstract sense, are strictly new and original through out." Emerson v. Davies (CCD Mass 1845). J. Story
Remember Cariou v. Prince?
Cariou v. Prince, 11-1197-cv (2d Cir. Apr. 25, 2013) rev'ing 784 F.Supp.2d 337 (S.D.N.Y. Mar. 18, 2011) offers many teachable moments. Starting with the harsh decision by Judge Deborah Batts of Southern District of New York, which ordered the infringing works to be handed over to the Plaintiff for destruction, and ended with the tweet Richard Prince posted when he received twenty-five of his thirty paintings following the Second Circuit Court of Appeals partial reversal of J. Batt’s decision, finding that only five of the works Prince made were not ‘transformative’ as a matter of law. When the twenty-five works were ultimately returned to Prince, he observed that after half a decade of not seeing them he was of the opinion that he should have been sued for “making shitty paintings”.
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