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ARTICLE · 05 JULY 2016

Is Appropriation Art ‘Fair Use'?

The artist Richard Prince, who is sometimes known as the #PrinceofAppropriation, claims that copyright law protects the artistic style he calls "appropriation art."

United StatesIntellectual Property

The artist Richard Prince, who is sometimes known as the #PrinceofAppropriation, claims that copyright law protects the artistic style he calls "appropriation art." Photographer Donald Graham filed suit against Prince, alleging Prince infringed the copyright in Graham's photograph, "Rastafarian Smoking a Joint," when Price used it for his own work. In his initial defense, Prince has embraced, rather than shunned, the "appropriation" label.

Prince is a one of the leading names in art. Several of his works have sold for amounts in excess of $2 million. The "wealthy and the famous," including Jay-Z, Robert DeNiro, and Brad Pitt attend his exhibitions and collect his works.

A prior case, Cariou v. Prince, led to a new fair use precedent.  In that case several of Prince's works based on Cariou's original photos were found to qualify as fair use, including Prince's work, "Graduation," based on the Cariou photograph "Yes Rasta." Prince is now trying to move that

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