Richard Prince on losing his fair use lawsuit:
Copyright has never interested me. For most of my life I owned half a stereo so there was no point in suing me, but that’s changed now and it’s interesting. I’m actually in the situation where I am being sued at the moment (by a French photographer I might add) for taking his original images and turning them into paintings. It’s something that’s really problematic for me because in a strange way now I find myself censoring things that I look at and it’s almost like I can’t do it anymore, because people know who you are.
Michael Johnson, quoting the legal decision, makes some interesting points about creativity, context, originality, and ownership that copyleft people need to read. Here’s the section of the decision he quotes (see his post for analysis):
Defendants [Prince et al.] assert that Cariou’s Photos are mere compilations of facts concerning Rastafarians and the Jamaican landscape, arranged with minimum creativity in a manner typical of their genre, and that the Photos are therefore not protectable as a matter of law, despite Plaintiff’s extensive testimony about the creative choices he made in taking, processing, developing, and selecting them.
[ via The Online Photographer ]