|To me, this is the interesting part:
Originally posted by The Ruling:
Accordingly, Prince's Paintings are transformative only to the extent that they comment
on the Photos; to the extent they merely recast, transform, or
adapt the Photos, Prince's Paintings are instead infringing
derivative works. See Castle Rock, 150 F.3d at 143.
Prince testified that he has no interest in the original
meaning of the photographs he uses. See RP Tr. at 338.
Prince testified that he doesn't Ureally have a message" he
attempts to communicate when making art. RP Tr. at 45-46. In
creating the Paintings, Prince did not intend to comment on any
aspects of the original works or on the broader culture.
Prince also testified that his purpose in appropriating
other people's originals for use in his artwork is that doing so
helps him get as much fact into [his] work and reducer] the
amount of speculation." RP Tr. at 44. That is, he chooses the
photographs he appropriates for what he perceives to be their
truth - suggesting that his purpose in using Cariou's Rastafarian
portraits was the same as Cariou's original purpose in taking
them: a desire to communicate to the viewer core truths about
Rastafarians and their culture.
On the facts before the Court, it is apparent that Prince
did not intend to comment on Cariou, on Cariou's Photos, or on
aspects of popular culture closely associated with Cariou or the
Photos when he appropriated the Photos, and Price's own testimony
shows that, though Prince intended his overall work to be
creative and new.
That's what the original ruling said, and that's what the appeals court overturned :-(
Message edited by author 2013-04-28 11:08:59.