Friday, April 22, 2011

"There is little question that what constitutes fair use is still in the eye of the beholder after this decision."

Nicholas O'Donnell and Mitchell Stein of Sullivan & Worcester on the Richard Prince decision:

"What is clear after Cariou, however, is that artists, museums and galleries involved in any appropriative art are in a more precarious position than ever before.  ... [T]he potential for a chilling effect on such works is clear; the threat of damages of this sort may simply steer artists away from creating, and museums and galleries away from showing, anything close to the edge.  Would a gallery with the chance to exhibit the newly-created still lives and collages of Picasso showing Le Journal, or a museum with the chance to show the contemporary work of Duchamp and its appropriation of the Western canon, have taken the chance if privy to this decision?"