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Second Circuit Upholds Finding of Fair Use in “Appropriation Art” Piece
The Second Circuit upheld a summary judgment finding of fair use by the U.S. District Court for the Southern District of New York in a case involving “appropriation art,” art that incorporates objects and images taken from popular media and consumer advertising. Plaintiff Andrea Blanch, a fashion photographer, sued Jeff Koons, a visual artist, for unlicensed use of one of her photographs in his piece called “Niagara.” Analyzing the case under the four statutory fair use factors in 17 U.S.C. § 107, the court found that Koons’ use was transformative, allowing the court to discount the commercial nature of the new work and the creative nature of the original. The court also found that the extent of Koons’ copying was reasonable in light of his justification, and he did not copy the aspects of the photograph that were a result of Blanch’s artistic direction. Finally, Blanch’s own testimony established that no market existed for her photographs and Koons’ copying had not resulted in any economic harm to Blanch’s career or works. Thus, the factors weighed in favor of a finding of fair use.
Blanch v. Koons, 467 F.3d 244 (2d Cir. 2006).
United States. v. Comprehensive Drug Testing, (9th Cir. Dec. 27, 2006).
MedImmune, Inc. v. Genentech, Inc., 549 U.S. ___ (2007).
Live Nation Motor Sports, Inc. v. Davis, No. 3:06-CV-276-L (N.D. Tex. 2006).
J.G. Wentworth, S.S.C. v. Settlement Funding LLC
Lambert v. Hartmann, No. 1:04CV837, 2006 WL 3833529 (S.D. Ohio Dec. 29, 2006)