Artist's Work Is Fair Use, Says Appeals Court

Law360 (October 30, 2006, 12:00 AM EST) -- An appeals court Thursday affirmed a lower court decision that a prominent artist had not infringed on a magazine photographer’s copyright when he used part of a photograph she took as a source for a painting he made for Deutsche Bank AG and the Solomon R. Guggenheim Foundation.

The U.S. Court of Appeals for the Second Circuit said that Jeff Koons’ piece, Niagara, didn’t infringe on a copyright because it constituted fair use.

The decision stands in stark contrast to prior court decisions concerning Koons’ work...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.