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Art Law Keyed to Gerstenblith, 4th Ed.
Rogers v. Koons
Citation:
960 F.2d 301 (1992)Facts
In 1980, Art Rogers created “Puppies,” a black and white photograph of Jim Scanlon and his wife holding eight German Shepherd puppies, exercising substantial creative effort in composition, lighting, positioning, and technical execution. Rogers licensed the photograph to Museum Graphics for notecard production beginning in 1984. In 1987, Jeff Koons purchased a Museum Graphics notecard of “Puppies” from a commercial card shop, tore off the copyright notice, and sent it to Italian artisans with explicit instructions to copy it exactly for his “Banality Show.” Koons repeatedly instructed the artisans that details must be “just like photo” and “as per photo.” The resulting polychromed wood sculpture “String of Puppies” was displayed at Sonnabend Gallery in November 1988, and three of four copies sold for $367,000 total. Rogers discovered the unauthorized use in May 1989 when the sculpture appeared in the Los Angeles Times.
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