Insta Exhibit’s Copyright Limit-Pushing Artist Must Go to Trial

May 12, 2023, 9:03 PM UTC

An appropriation artist who set influential fair-use copyright case law a decade ago must face trial over a new exhibit’s use of photography posted on Instagram, a New York federal judge ruled.

Richard Prince didn’t establish that a pair of canvas prints of profile photos combined with Instagram comments constituted transformative fair use, the US District Court for the Southern New York said on Thursday. The same court also held Prince had infringed 30 pictures before he convinced the US Court of Appeals for the Second Circuit to reverse on 25 of them and remand the rest in Cariou v. ...

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