Fair Use Analysis Required for Dismissal of Copyright Suit Against Famed Appropriation Artist

Famed New York-based “appropriation artist” Richard Prince is still facing a copyright suit by photographer Donald Graham after a federal judge refused to dismiss the lawsuit based on Prince’s fair use defense. No stranger to copyright infringement suits, Prince used a Second Circuit Court of Appeals opinion from a previous lawsuit brought against him in 2013 as reason to dismiss the suit. However, U.S. District Court Judge Sidney H. Stein felt that the “fair use” decision in 2013’s Cariou v. Prince did not clearly apply to the work in question in Graham v. Prince and subsequently denied Prince’s motion for dismissal, stating that more evidence was needed to support this defense after the work failed to pass the four factor fair use test. Keep reading to learn more.