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Art Law Keyed to Gerstenblith, 4th Ed.
Cariou v. Prince
Citation:
714 F.3d 694 (2013)Facts
Patrick Cariou spent six years in the mid-1990s living among Rastafarians in Jamaica, developing relationships that allowed him to create classical portrait and landscape photographs published in 2000 as “Yes Rasta,” which sold approximately 5,791 copies and earned Cariou just over eight thousand dollars in royalties. Richard Prince, a leading appropriation artist whose work has been displayed in major museums worldwide, discovered “Yes Rasta” in 2005 and subsequently created thirty artworks incorporating Cariou’s photographs with various alterations including painting lozenges over facial features, enlarging images, adding color tints, and combining them with other appropriated images on canvases measuring up to one hundred times larger than the original photographs. Between November and December 2008, Gagosian Gallery exhibited twenty-two of these works and published a catalog, with some artworks selling for over two million dollars to wealthy collectors. Gallery owner Cristiane Celle, who had discussed exhibiting Cariou’s work, mistakenly believed Cariou was collaborating with Prince and abandoned plans for a “Rasta show,” though she remained interested in exhibiting Cariou’s other work.
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