Richard Prince's memorandum of law law in support of his motion to dismiss, Graham v. Prince Graham v. Prince et al., 1:15-cv-10160. Copyright infringement suit, fair use defense.
Original Title
Richard Prince's memorandum of law law in support of his motion to dismiss, Graham v. Prince
Richard Prince's memorandum of law law in support of his motion to dismiss, Graham v. Prince Graham v. Prince et al., 1:15-cv-10160. Copyright infringement suit, fair use defense.
Richard Prince's memorandum of law law in support of his motion to dismiss, Graham v. Prince Graham v. Prince et al., 1:15-cv-10160. Copyright infringement suit, fair use defense.
Case 1:15-cv-10160-SHS Document 131 Filed 10/05/18 Page 1 of 31
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DONALD GRAHAM,
Plaintiff,
vs.
RICHARD PRINCE, GAGOSIAN GALLERY,
INC. and LAWRENCE GAGOSIAN
Defendants.
MEMORANDUM OF LAW ID
Case No, 1:15-CV-10160-SHS
UPPORT OF DEFENDANT RICHARD PRINCE’S
MOTION FOR SUMMARY JUDGMENT
GREENBERG TRAURIG, LLP
Richard A. Edlin
MetLife Building
200 Park Avenue
‘New York, New York 10166
Ian C. Ballon
Nina D. Boyajian
Valerie W. Ho
1840 Century Park East, Suite 1900
Los Angeles, California 90067
Attorneys for Defendant Richard PrinceCase 1:15-cv-10160-SHS Document 131 Filed 10/05/18 Page 2 of 31
TABLE OF CONTENTS
PRELIMINARY STATEMENI
STATEMENT OF FACTS 4
A. Background, 4
B. Creation of the Portrait of Rastajay92...
C. Donald Graham...
1. Rastafarian Smoking a Joint. 6
2. Graham’s Presence in and Use of Social Media. 7
ARGUMENT...
1 LEGAL STANDARDS ...
I PRINCE’S PORTRAIT OF RASTAJAY92 IS A FAIR USE OF THE PHOTOGRAPIH........ 8
A. Prince’s Portrait of Rastajay92 Is Highly Transformative 8
1. Portrait of Rastajay92 Has a Different Purpose from the Photograph...
2. Portrait of Rastajay92 Has a Different Character from Graham's
Photograph. 10
3. Portrait of Rastajay92 is Transformative Despite Borrowing the Image
of the Photograph and Not Obscuring It...
4. The Public Benefit of Art Far Outweighs any Commercial Gain from
the Portrait of Rastajay92 13
5. The Nature of the Copyrighted Work and the Amount and Substantiality
of the Portion Used Are Less Significant in the Context of the Instant
Case.
B. Portrait of Rastajay92 Does Not Adversely Impact the Market for the
Photograph. 7
C. Graham's Intentional Online Dissemination of the Photograph Also Weighs in
Favor of Fair Use
I, THE ANCILLARY WORKS ARE ALSO NON-INFRINGING USES OF THE
PHOTOGRAPH, 19Case 1:15-cv-10160-SHS Document 131 Filed 10/05/18 Page 3 of 31
I. PRINCE HAD AN IMPLIED LICENSE TO USE THE IMAGE OF THE
PHOTOGRAPH
CONCLUSION...
ii
24
2 25