Richard Prince fails to dismiss copyright lawsuits over Instagram works
Legal proceedings against Richard Prince regarding his 2014 series New Portraits will continue, as the artist's attempts to dismiss two copyright infringement suits were unsuccessful. Photographers Donald Graham and Eric McNatt allege that their images were used by Prince without authorization. Featured in the series are Graham's 1998 photo Rastafarian Smoking a Joint and McNatt's portrait of musician Kim Gordon, which was initially commissioned by Paper magazine. Prince maintains that his works provide transformative commentary on art and social media, referencing a 2013 decision in his favor against photographer Patrick Cariou related to his Canal Zone series. In that instance, the judge determined that fair use does not require commentary on the original work. The lawsuits, filed by Graham and McNatt, also include Prince's galleries, Blum & Poe and Gagosian. The court will now evaluate Prince's assertions.
Key facts
- Richard Prince failed to dismiss two copyright lawsuits over his 2014 New Portraits series.
- Photographers Donald Graham and Eric McNatt allege Prince used their images without permission.
- Graham's 1998 photograph Rastafarian Smoking a Joint and McNatt's portrait of Kim Gordon were used.
- Prince argued the works were transformative commentary on social media and art.
- A 2013 ruling in Prince's favor against Patrick Cariou found that art need not comment on the source work for fair use.
- Prince contends that the social media comments in the frames are the most important element.
- The lawsuits name Prince, Blum & Poe, and Gagosian.
- The court will proceed to test Prince's fair use claim.
Entities
Artists
- Richard Prince
- Donald Graham
- Eric McNatt
- Kim Gordon
- Patrick Cariou
Institutions
- Blum & Poe
- Gagosian
- Paper magazine