Friday, April 26, 2013

"We think the 2nd Circuit has been reading too many Chelsea gallery press releases." (UPDATED)

Sergio Muñoz Sarmiento has been Tweeting his responses to the Prince decision.  You can find them here.  Some highlights:
  • "The Cariou/Prince decision basically says that if you're an artist without a market, your art work is up for grabs and free to take."
  • "The 2nd Circuit's talk of art would get any undegrad art major thrown out of art school. Serene? Jarring? Hectic? Provocative?"
  • "2nd Circuit: what is critical is "how the work in question appears to the reasonable observer." Reasonable = hip, trendy, superficial."
  • "Someone please forward the Bleistein case to the Cariou/Prince judges. Here's the link!"
  • "25 out of 30. Why not just say the other 5 are NOT fair use? Why are those 5 so 'special'? Guidance, rationale. We need guidance."
UPDATE:  And here's Sergio's blog post.