Famed Artist Jeffrey Koons Sued For Alleged Copyright Infringement…Again

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Michael Keyes

J. Michael Keyes is an intellectual property attorney with extensive trial and litigation experience in cases involving trademarks, copyrights, unfair competition and false advertising. He has tried several cases in federal courts across the United States. LinkedIn | Twitter @JMichaelKeyes

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  1. RE: your reference to Cariou v Prince: The blue guitar photo is not an example of what that particular court deemed ok, since it was one of several sent back to district court, and never ruled on because the parties settled. So, the appeals court actually did not say that was transformative. It’s unfortunate that use of that example continues to mislead readers every time this case is written about. That said, the Cariou case was unusual and is certainly not the last word on what’s transformative/fair use/parody.It went the opposite direction of what most courts had previously said. It’s not a good great example of what’s likely to be found legal in other cases, and if Prince were not wealthy, I doubt he could’ve mounted a defense at all.