Richard Prince Wins on Appeal (mostly)
April 25, 2013 1:18 PM Subscribe
Today the Second Circuit Court of Appeals reversed the lower court decision (Cariou v Prince) determining that 25 of the 30 Richard Prince Canal Zone paintings using appropriated images from Patrick Cariou's Yes Rasta book fall under Fair Use. The remaining 5 paintings were remanded back to the District Court to determine if they also fall under the Fair Use Doctrine with the now clarified proper standard. previously.
> Today the Second Circuit Court of Appeals reversed the lower court decision (Cariou v Prince) determining that 25 of the 30 Richard Prince Canal Zone paintings using appropriated images from Patrick Cariou's Yes Rasta book fall under Fair Use.
This sentence is a perfect example of why copyeditors are needed (and should get paid more than we do). As written, it says unambiguously that the the lower court determined that 25 of the 30 paintings using appropriated images fall under Fair Use, and the Second Circuit Court of Appeals reversed that decision. But the title, "Richard Prince Wins on Appeal," meant there was something wrong with that, and I eventually figured out that it should have read: "Today the Second Circuit Court of Appeals reversed the lower court decision (Cariou v Prince), determining that 25 of the 30 Richard Prince Canal Zone paintings using appropriated images from Patrick Cariou's Yes Rasta book fall under Fair Use." The difference a comma can make!
posted by languagehat at 5:00 PM on April 25, 2013 [2 favorites]
This sentence is a perfect example of why copyeditors are needed (and should get paid more than we do). As written, it says unambiguously that the the lower court determined that 25 of the 30 paintings using appropriated images fall under Fair Use, and the Second Circuit Court of Appeals reversed that decision. But the title, "Richard Prince Wins on Appeal," meant there was something wrong with that, and I eventually figured out that it should have read: "Today the Second Circuit Court of Appeals reversed the lower court decision (Cariou v Prince), determining that 25 of the 30 Richard Prince Canal Zone paintings using appropriated images from Patrick Cariou's Yes Rasta book fall under Fair Use." The difference a comma can make!
posted by languagehat at 5:00 PM on April 25, 2013 [2 favorites]
Too much burden for a comma, I think. I'd rather recast the sentence thusly: Richard Price artwork fair use of photos, says appeals court, reversing blah blah blah.
posted by Devonian at 6:56 PM on April 25, 2013
posted by Devonian at 6:56 PM on April 25, 2013
For anyone interested in reading more about the case, greg.org is a great resource. He has been writing about Cariou v Prince from the beginning and has consistently been on the mark, imo.
posted by snaparapans at 7:33 AM on April 26, 2013
posted by snaparapans at 7:33 AM on April 26, 2013
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--I know, First amendment, etc. Can't we just declare the Gagosian Gallery a first amendment-free zone? Like Guantanamo?
posted by anewnadir at 2:20 PM on April 25, 2013 [2 favorites]