For sheer gumption, Levine's only rival is Richard Prince, who in 1983 took a photograph of a photograph of a naked 10-year-old Brooke Shields, originally shot for a never-published book by a commercial photographer named Garry Gross. Arguing that a change of context changed the image, Prince displayed his replica by itself in a gallery in the Lower East Side, and re-titled it Spiritual America. Gross couldn't afford to litigate and accepted a $2,000 payoff. Spiritual America wound up at the Whitney Museum, and one copy—Prince made 10—has sold at auction for $372,500. Gross, meanwhile, was thrown off eBay when he tried to sell posters of his original.Prince has just joined my elite Gallery of Assholes. (If the case had been brought before me, I'd have made Prince and Gross switch surnames. Ha!)
johngumbo: In the US most buildings are trademarked. The building owners own the rights to images of their building and photographers cannot sell images of their building without their consent.I am no lawyer, but I believe you are mistaken about this. Some very distinctive buildings in the US have indeed been trademarked, but trademark offers no legal protection from the making or selling of images of such buildings. There's been at least one fairly well-known lawsuit over the matter, in which the photographer won.
« Older Supertrain.... | The Black Light Theatre of Pra... Newer »
This thread has been archived and is closed to new comments
posted by twine42 at 8:06 AM on February 8, 2007