Thursday, July 27, 2017

Keeping Up

In what I believe is the first appearance by a Kardashian at the blog (not counting Kanye), artist Sarah Pope has brought a copyright infringement suit against Kylie Jenner.  Story here.  The Daily Beast story includes the following:

"'Copyright doesn’t protect ideas but it does protect expression, and there are a lot of similarities between Pope’s image and Jenner’s beyond the idea of a neon mouth,' Robert Clarida, an intellectual property lawyer and author of the treatise Copyright Law Deskbook, told The Daily Beast. 'This is a pretty strong case and one that would have to go to jury, and that’s bad news for Kylie because as a defendant you want to get it thrown out on a motion to dismiss or on summary judgment. But this case wouldn’t lend itself to that.'"

Brian Frye tweets:  "In theory, I don't see how the concept of a lip bite surrounded by neon can be copyrightable subject matter. But no predicting courts."

My question, again, is:  Can you think Richard Prince should win but Kylie should lose?  Can those positions be reconciled?  Or do the two cases stand or fall together?