Appropriation and the art of copyright

Appropriation and the art of copyright – Richard Prince

In an interesting intellectual property development from the US, controversial artist Richard Prince looks to be further attempting to challenge the boundaries of what is to be considered ‘fair use’ in his appropriating of other artists’ original work.

For those who don’t know their John Ash from their Matisse El Beau [Rivage], Prince’s work involves taking and modifying (or appropriating) pieces by other artists and photographers. Most recently (there have been others), he has angered one photographer by exhibiting a cropped version of their photograph ‘Rastafarian Smoking a Joint, Jamaica’- but with added Instagram comments underneath- as his own. The original photographer, Donald Graham, filed a complaint for copyright infringement.

Prince, for his part, is seeking to argue (as he has done successfully before) that the “transformative” nature of his work means that it is excepted from infringement, falling under the penumbra of protection afforded by US ‘fair use’. Further, Prince maintains that his actions do not impact on Graham being able to market Graham’s work – an element that will be considered in ‘fair use’- and that by pursuing him, Graham is asking the courts to consider something on which they have previously adjudicated on.

Much like the attraction, the result remains to be seen.