Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

Blanch v. Koons

United States Court of Appeals for the Second Circuit
467 F.3d 244 (2d Cir. 2006)


Andrea Blanch (plaintiff) was a photographer for fashion magazines. Blanch photographed a woman’s lower legs and feet on top of a man’s lap in an airplane cabin for a cosmetics spread in Allure magazine. Blanch stated that her goal of the photo was to “show some sort of erotic sense[;] . . . to get . . . more of a sexuality to the photographs.” Jeff Koons was a visual artist who used Blanch’s photo as part of a template for a painting. Koons removed the background from Blanch’s photo, including the man’s lap and the airplane backdrop. Koons also slightly altered the parts of the photo that he kept: he inverted the orientation of the legs, added a heel to one of the feet (that was hidden in the man’s lap in the original photo), changed the coloring, and changed the medium. Koons’s painting featured the legs from Blanch’s photo as well as three other sets of women’s legs dangling over a series of desserts with a grassy field and Niagara Falls in the background. Koons stated that his template was an attempt to “comment on the ways in which some of our most basic appetites—for food, play, and sex—are mediated by popular images.” Koons also stated the following: “The [Blanch] photograph is typical of a certain style of mass communication. Images almost identical to them can be found in almost any glossy magazine, as well as in other media.” Blanch brought a copyright infringement suit against Koons. Blanch testified that Koons’s use of her photo did not cause any harm to her career, and she did not state that she had ever licensed her photos for use by artists. The district court found that Koons’s appropriation of Blanch’s photo was fair use. Blanch appealed.

Rule of Law


Holding and Reasoning (Sack, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial