Wednesday, October 10, 2007

Shields v. Gross

Peter Schjeldahl's review of the Richard Prince retrospective now up at the Guggenheim refers to Prince's "1983 photograph of an infamous Garry Gross photograph ... of a naked Brooke Shields, aged ten, her prepubescent body oiled and her face given womanly makeup," and says Prince "enjoyed the spectacle of Shields’s failed later effort, in a lawsuit, to quash Gross’s picture, which her mother had authorized for four hundred and fifty dollars." The New York Court of Appeals decision in that case is here. The consents her mother had executed provided, in pertinent part:

"I hereby give the photographer, his legal representatives, and assigns, those for whom the photographer is acting, and those acting with his permission, or his employees, the right and permission to copyright and/or use, reuse and/or publish, and republish photographic pictures or portraits of me, or in which I may be distorted in character, or form, in conjunction with my own or a fictitious name, on reproductions thereof in color, or black and white made through any media by the photographer at his studio or elsewhere, for any purpose whatsoever; including the use of any printed matter in conjunction therewith.

"I hereby waive any right to inspect or approve the finished photograph or advertising copy or printed matter that may be used in conjunction therewith or to the eventual use that it might be applied."