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Cariou v Prince Appeal, Brief for Plaintiff-Appellee

Cariou v Prince Appeal, Brief for Plaintiff-Appellee

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Published by pbfriedman
Patrick Cariou's brief in opposition to Richard Prince's appeal to the 2d Circuit Court of Appeals in Prince v. Cariou, a notable case in the field of appropriation art and copyright
Patrick Cariou's brief in opposition to Richard Prince's appeal to the 2d Circuit Court of Appeals in Prince v. Cariou, a notable case in the field of appropriation art and copyright

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Published by: pbfriedman on Jan 26, 2012
Copyright:Attribution Non-commercial

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04/26/2013

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Case:11-1197Document:148Page:1
01125/2012
50713090
11-1197
-cv
IN
THE
lllnit.eil
.§tat.e.a
QIour!
of
A.p.p.eal.a
FOR
THE
SECONDCIRCUITPATRICKCARIOU,
Plaintiff-Appellee,
-
against-
RICHARDPRINCE,
Defendant-Appellant,
GAGOSIANGALLERY,INC.,LAWRENCEGAGOSIAN,
Defendants-Cross-Defendants-Appellants.
ON
APPEAL
FROM
THE
UNITED
STAT&S
DISTRlCTCoURT
FOR
THE
SOUTHERNDISTRICTOF
NEW
YORK
BRIEF
FOR
PLAINTIFF-APPELLEE
DANIEL
J.
BROOKS
SETH
E.
SPITZER
ERIC
A.
BoDEN
of
Counsel
ScIlNADERHAmuSON
SECAL
&
LEWIS
LLP
140Broadway,Suite3100NewYork,NewYork10005-1101(212)973-8000
AttorneysforPlaintiff-Appellee
Press
of
FremontPayne,
Inc
..
55
Broad
Street,
Third
Floof.New
York,
NY10004
.
(212)
966-6570

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Lisa Shuchman liked this
Judy Cuttler added this note
Prince employs many Christian images-Garden of Eden, Christ (Rastas, long hair parted in middle, traditional Christ figure-see Durer self portrait--Prince paints saint with arms crossed across chest, holding a staff--his vision of the Apocalypse--Christ/Rasta stands among sinners, porn/women/lust/music who await the Last Judgment.Lot at Sodom&Gomorah--"we're not going back."Not racist.
Judy Cuttler added this note
Paintings aren't literary texts, visual language doesn't tell a "message" unless it's the history painting of centuries past when painting had to exalt heroic events in history, the Bible, etc. America comes from England, a literary, not primarily visual culture; American law comes from English law.Visual art isn't commentary, parody, etc. like writing--the legal tests here are harmful to art.

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