Wednesday, 4 May 2011

Patrick Cariou vs Richard Prince and Gagosian

Photographer Patrick Cariou just won a major case against artist and rip off king, Richard Prince. For years Prince has taken photos from ads and sometimes has done nothing more than blow them up large and sell them for 6 figures, or more. His Marlboro Cowboy series was never challenged, because the photographers working on Marlboro ads sold their copyright to the Phillip Morris Company. Without owning the copyright, the photographers could never sue.
But this time Prince lifted 41 images from French photographer Patrick Cariou’s Yes, Rasta book published in 2000.  Cariou spent many years with the Rastas, gaining their trust, living with them, in order to make his photos. Prince simply had his interns buy the book.

 Cariou vs Prince: Left, a photo of a Rastafarian from Patrick Cariou's "Yes, Rasta" and, right, a painting from Prince's Canal Zone series

Cariou sued and Prince tried claiming and hiding behind a “fair-use” defense, meaning he was transforming the original works, as opposed to creating derivative images. This defense has been used many times by artists “appropriating” the work of others and them claiming it as their own. Photographers call this “ripping off” or “stealing” rather than “appropriating”.
Sad to hear that such cases occur quite often. This can happen with anyone. To maximally protect your work against stealing you should always put a copyright simbol or you can create your own logotipe. 
Also to protect yourself, register your work. This won’t prevent unauthorized usage, but it will give you more power in the event someone steals your work. In the good old days it was quite a laborious process. You were required to include copies of the work you wished to copyright along with all the paperwork. The process has become very simple: simply go to http://www.copyrightservice.co.uk/, fill out the forms, and presto it’s done. Be sure to read the links on the registration page, as you may need to register the work in more than one category. This becomes legal government document once you register the work outlined in it, so follow the instructions. There are fees involved and may range according to what you are registering.In this environment it a very good idea to take the time to register your work. The incidences of infringement have increased as the access has. So if you want to protect yourself and your work, do it!
Source:
http://www.patrickcariou.com/rasbook.htmlhttp://www.theartnewspaper.com/articles/Patrick+Cariou+wins+copyright+case+against+Richard+Prince+and+Gagosian/23387
http://www.copyrightservice.co.uk/copyright/p02_protecting_copyright


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