Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
The Sandinista National Liberation Front is a socialist political party in Nicaragua. Its members are called Sandinistas in both English and Spanish. The party is named after Augusto César Sandino, who led the Nicaraguan resistance against the United States occupation of Nicaragua in the 1930s.
Susan Meiselas is an American documentary photographer. She has been associated with Magnum Photos since 1976 and been a full member since 1980. Currently she is the President of the Magnum Foundation. She is best known for her 1970s photographs of war-torn Nicaragua and American carnival strippers.
The Nicaraguan Revolution encompassed the rising opposition to the Somoza dictatorship in the 1960s and 1970s, the campaign led by the Sandinista National Liberation Front (FSLN) to oust the dictatorship in 1978–79, the subsequent efforts of the FSLN to govern Nicaragua from 1979 to 1990, and the Contra War, which was waged between the FSLN-led government of Nicaragua and the United States–backed Contras from 1981 to 1990. The revolution marked a significant period in the history of Nicaragua and revealed the country as one of the major proxy war battlegrounds of the Cold War, attracting much international attention.
Richard Prince is an American painter and photographer. In the mid-1970s, Prince made drawings and painterly collages that he has since disowned. His image, Untitled (Cowboy), a photographic reproduction of a photograph by Sam Abell and appropriated from a cigarette advertisement, was the first rephotograph to be sold for more than $1 million at auction at Christie's New York in 2005. He is regarded as "one of the most revered artists of his generation" according to The New York Times.
Rogers v. Koons, 960 F.2d 301, is a leading U.S. court case on copyright, dealing with the fair use defense for parody. The United States Court of Appeals for the Second Circuit found that an artist copying a photograph could be liable for infringement when there was no clear need to imitate the photograph for parody.
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive.
Joy Amina Garnett is an artist and writer from New York, United States. Trained as a painter, her artwork explores contemporary practices around cultural preservation, alternative histories and archives. Her interdisciplinary work combines creative writing, research and visual media. In her early paintings (1997-2009), Garnett engaged issues around contemporary consumption of media and the distinctions between documentary, technical, and artistic image making. Her mature work draws on archival images, alternative histories and the legacy of her maternal grandfather, the Egyptian Romantic poet, bee scientist and polymath Ahmed Zaki Abu Shadi. Garnett is married to conceptual photographer and video artist Bill Jones.
Freedom of panorama (FOP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images of buildings and sometimes sculptures and other art works which are permanently located in a public place, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images. Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works.
In art, appropriation is the use of pre-existing objects or images with little or no transformation applied to them. The use of appropriation has played a significant role in the history of the arts. In the visual arts, "to appropriate" means to properly adopt, borrow, recycle or sample aspects of human-made visual culture. Notable in this respect are the readymades of Marcel Duchamp.
Collage is a technique of art creation, primarily used in the visual arts, but in music too, by which art results from an assemblage of different forms, thus creating a new whole.
The Marilyn Diptych (1962) is a silkscreen painting by American pop artist Andy Warhol depicting Marilyn Monroe. The monumental work is one of the artist's most noted of the movie star.
Andrea Blanch, is an American portrait, commercial, and fine art photographer.
Banality is a series of sculptures by American artist Jeff Koons. The works were unveiled in 1988 and have become controversial for their use of copyrighted images. Several editions of the sculptures have sold at auction for millions of dollars.
Art and culture law refers to legal aspects of the visual arts, antiquities, cultural heritage, and the art market and encompasses the safeguarding, regulation, and facilitation of artistic creation, utilization, and promotion. Practitioners of art law navigate various legal areas, including intellectual property, contract, constitutional, tort, tax, commercial, immigration law, estates and wills, cultural property law, and international law to protect the interests of their clients.
Bill Graham Archives v. Dorling Kindersley, Ltd., 448 F.3d 605, is a 2006 case of the United States Court of Appeals for the Second Circuit regarding fair use of images in a pictorial history text. It affirmed the United States District Court for the Southern District of New York, which held at trial that the publisher's use of several images of past Grateful Dead concert posters and tickets, reduced considerably, in a timeline of the band's history was a sufficiently transformative use.
Cariou v. Prince, 714 F.3d 694 is a copyright case of the United States Court of Appeals for the Second Circuit, on the question of whether artist Richard Prince's appropriation art treatment of Patrick Cariou's photographs was copyright infringement or fair use. The Second Circuit held in 2013 that Prince's appropriation art could constitute fair use, and that a number of his works were transformative fair uses of Cariou's photographs. The Court remanded to the United States District Court for the Southern District of New York for reconsideration of five of Prince's works. The Supreme Court denied Cariou's petition for a writ of certiorari, and the case settled in 2014.
In the decade of Sandinista rule following the triumph of the Nicaraguan Revolution in 1979, close to 300 murals were created in that country. These murals provided a narrative of the revolution, portraying recent and more distant history, and visualizing the better future promised by the revolution.
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is a U.S. Supreme Court case dealing with transformative use, a component of fair use, under U.S. copyright law. At issue was the Prince Series created by Andy Warhol based on a photograph of the musician Prince by Lynn Goldsmith. It held Warhol's changes were insufficiently transformative to fall within fair use for commercial purposes, resolving an issue arising from a split between the Second and Ninth circuits among others.
Blanch v. Koons, 467 F.3d 244, is a copyright case decided by the United States Court of Appeals for the Second Circuit in 2006. Fashion photographer Andrea Blanch sued appropriation artist Jeff Koons for copyright infringement after he used an image of a woman's lower legs taken from one of her photographs in a collage of his own. Koons claimed fair use, arguing he had transformed it sufficiently from its original purpose through his reuse. It is considered a significant case in addressing the latter issue.
