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Transformative use in artwork - Revisiting the fair use doctrine
An interesting example of fair use for artwork... Here's a quick summary: Artist Koons drew on part of a photograph taken by Andrea Blanch titled Silk Sandals by Gucci and published in the August 2000 issue of Allure magazine to illustrate an article on metallic makeup. Koons took the image of the legs and diamond sandals from that photo to use in his painting Niagara, which also includes three other pairs of women’s legs dangling surreally over a landscape of pies and cakes.
The link below shows a copy of the artwork and photo in dispute. I recommend actually reading the opinion if you have time because it goes through the 4 factors of s107: Blanch v. Koons, 467 F.3d 244 (You'll need to go to westlaw or lexis because I didn't know how to upload the file!)
http://newsgrist.typepad.com/underbelly/2006/01/koons_wins_land.html
Posted by at February 28, 2007 7:16 PM
in Current Events
