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Graham v. Prince

265 F. Supp. 3d 366 (2017)

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Graham v. Prince

United States District Court for the Southern District of New York
265 F. Supp. 3d 366 (2017)

  • Written by Rose VanHofwegen, JD

Facts

Acclaimed fine-art photographer Donald Graham (plaintiff) created a classical black-and-white portrait called Rastafarian Smoking a Joint. The photo was posted on Instagram and then reposted with a comment containing some reggae lyrics and an emoji beneath it. Appropriation artist Richard Prince (codefendant) added his own garbled, nonsense comment and an emoji, printed it on a large canvas, called it Untitled (Portrait), and exhibited it in a gallery. Graham sued Prince, the gallery, and owner Lawrence Gagosian (codefendants) for copyright infringement. Prince moved to dismiss on the ground that his print was a noninfringing fair use.

Rule of Law

Issue

Holding and Reasoning (Stein, J.)

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