Richard Prince

Richard Prince

Work: New Portraits (Gagosian Gallery) - he did not alter the usernames, he removed captions. He added odd comments and a short message he posted at the last comment on each one. (then take it, no comments are or can be added, he basically finishes the work then). (3&4&5)

Copyright

Specialist attorney copright law - John Arsenault (2)

The fact is, copyright law is more flexible and ever-evolving more than most people realize.

Fair Use

Copyright vs. Fair Use

Forbidden: download image from person A, print it out and sell it.

Blurry and sketchy when the Fair Use label is attached especially when internet is involved.

Case between Cariou and Prince. Prince won. (1)

Artwork does not need to comment on previous work to qualify fair use. Rather the issue is how the work may reasonably be perceived (purpose, value of gain by creating).

Blanch vs. Koons (1)

Fair Use: require comment or criticism on the original (yes/no). In same cases yes, others not.

Adding social value, taking an online work and printing more than just the photo—> also the comments. This is in itself not a direct copy of the work. (2)

Fair Use is invented to block the useless sue-ing society. (Disney poster in background example while subject is clearly something else). (2)

Found images, intentionally, including existing commentary, Instagram digital interface, and his own commentary. Trying to make a statement. (2)

Walking close to the line in order to stir up a public response (as at technically should do).

Copyright is malleable (kneedbaar). (2)

Solution: register your work in advance (federal copyrights). (2)

Does social media own the copyrights? No, you allow a 3rd party to use it for their purposes (advertising). They don’t have the intention t sell. That will also cause a tornado of bad comments. (2)

my view of an artist using other people's Instagram pics is no different than an artist using any other material. By now, we have to agree that images — even digital ones — are materials, and artists use materials to do what they do. Period. (Jerry Saltz) (6)

by adding his comments, he not only leaves tracks of evidence, he reincorporates language into his work. (6)

Prince's new portraits number among the new art burning through the last layers that separate the digital and physical realms. (6)

SuicideGirls (Selena Mooney) pointed out how Prince’s exorbitant prices put the works out of reach for anyone but the very wealthy. “My first thought was, I don’t know anyone who can spend $90,000 on anything other than a house. Maybe I know a few people who can spend it on a car. As to the copyright issue? If I had a nickel for every time someone used our images without our permission in a commercial endeavour I’d be able to spend $90,000 on art.”

“Do we have Mr. Prince’s permission to sell these prints?” she added. “We have the same permission from him that he had from us. (7)

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