Artist's Work Is Fair Use, Says Appeals Court

Law360, New York (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...
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