Friday, January 23, 2015

Luc Tuymans Loses Copyright Infringement Suit in Belgium (UPDATED 2X)

Hyperallergic has the story.

Sergio Muñoz Sarmiento says:  "If this was in a New York court, and under the current Second Circuit ruling of Cariou v. Prince, we highly doubt that Tuymans’ appropriation would constitute fair use."

I would rephrase that slightly as:  "If this was in a New York court, and under the current Second Circuit ruling of Cariou v. Prince, we would have no idea whatsoever whether Tuymans’ appropriation would constitute fair use."

UPDATE:  Adrian Searle makes the case for Tuymans.

UPDATE 2:  More reactions trickling in.  LA Times art critic Christopher Knight says:  "Is making a painting of someone else's photograph plagiarism? Uh, no."  Richard Prince (yes, that Richard Prince) says instead of claiming "parody," "Tuymans just should of said, 'it's what I wanted to do.'"  And Lewis Bush at Hyperallergic:  "Luc Tuymans Case Illustrates the Failure of Europe’s Copyright Laws."