In 2000, a photographer named Patrick Cariou came out with a book of photographs he took during the 6 years when he lived with the Rastafarians in Jamaica.
In 2007, Richard Prince, along with his dealer, Gagosian Gallery, began exhibiting a series of collages that featured 41 photographs from Cariou’s book. Cariou sued Prince and Gagosian for copyright infringement. Prince and Gagosian claimed fair use.
Fair use is a frequently used excuse to infringement. Basically, the fair use defense says this:
Even though I borrowed your copyrighted work, it was fair use, so it wasn’t infringement. (more…)