When Judges Are Determining Whether Or Not Art Should Exist... We Have A Problem (Techdirt)

We've written about the somewhat horrifying ruling in the Richard Prince appropriation art case before. If you haven't been following the details, Prince is an appropriation artist, who takes works he finds elsewhere, and modifies and transforms them into different pieces of artwork. The law around this kind of artwork is tragically murky -- with some cases ruling that appropriation art is fair use, and some ruling otherwise. The Prince case got extra attention for a few reasons. One is that Prince is considered one of the biggest name artists around, and his works can sell for millions of dollars. The second is that this case also implicated the gallery that showed Prince's work, raising some serious questions about secondary liability for galleries, and whether or not galleries themselves must become copyright experts. Finally, the ruling suggested that Prince's artwork -- valued at a few million dollars -- might **need to be destroyed.**. This is the truly horrifying part. Whether or not you appreciate the work, clearly some people do like it. Personally, it's not my taste, but I'll be damned if my own personal taste (or any other third party's personal taste) should ever ...

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