File:Cariou v Prince example photograph juxtaposition.webp

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Cariou_v_Prince_example_photograph_juxtaposition.webp (300 × 208 pixels, file size: 42 KB, MIME type: image/webp)

Summary

Media data and Non-free use rationale
Description	Photograph by Patrick Cariou from his 2000 book Yes, Rasta on left, with same photo as used by Richard Prince in his 2008 art exhibit Canal Zone. Cariou filed suit against Prince, alleging copyright infringement; Prince argued he had made transformative use of the work and claimed fair use. After reaching the Second Circuit on appeal, which ruled in favor of Prince on 25 of 30 photos at issue and remanded the case to district court to decide on the other five, the two settled.
Author or copyright owner	Patrick Cariou (left) and Richard Prince right
Source (WP:NFCC#4)	Art in America article about the settlement of the case
Date of publication	2000 (left) 2008
Use in article (WP:NFCC#7)	Cariou v. Prince
Purpose of use in article (WP:NFCC#8)	To support encyclopedic discussion of this work in this article. The illustration is specifically needed to support the following point(s): Prince alleged that his alterations to Cariou's images were enough to constitute transformative fair use. This particular image was not the only one but was most frequently used in news coverage of the case to show what the issue was.
Not replaceable with free media because (WP:NFCC#1)	Any derivative work based upon the artwork would be a copyright violation, so creation of a free image is not possible.
Minimal use (WP:NFCC#3)	It has been reduced from its size at the source page, and will be used only in this article near the relevant text.
Respect for commercial opportunities (WP:NFCC#2)	The use of a low resolution image of the artwork will not impact the commercial viability of the art.
Fair useFair use of copyrighted material in the context of Cariou v. Prince//en.wikipedia.org/wiki/File:Cariou_v_Prince_example_photograph_juxtaposition.webptrue

Licensing

This image represents a two-dimensional work of art, such as a drawing, painting, print, or similar creation. The copyright for this image is likely owned by either the artist who created it, the individual who commissioned the work, or their legal heirs. It is believed that the use of low-resolution images of artworks:

for purposes of critical commentary on:
- the specific work in question,
- the artistic genre or technique employed in the artwork, or
- the artistic school or tradition to which the artist is associated,
as applied within the English-language Wikipedia, hosted on servers located in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under United States copyright law.

Any other use of this image, whether on Wikipedia or elsewhere, could potentially constitute a copyright infringement. For further information, please refer to Wikipedia's guidelines on non-free content.
Fair use

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	Date/Time	Thumbnail	Dimensions	User	Comment
current	22:36, 17 June 2023		300 × 208 (42 KB)	Daniel Case (talk \| contribs)	Uploading a non-free work, as object of commentary using File Upload Wizard

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File usage

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Cariou v. Prince