tag:blogger.com,1999:blog-4513524515428334509.post15256378551300033..comments2024-03-10T10:55:11.119+00:00Comments on The 1709 Blog: Richard Prince Re-purposed?Marie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-4513524515428334509.post-6953779747631063632015-06-04T15:19:17.550+01:002015-06-04T15:19:17.550+01:00I agree with Anonymous 14:30 that personality righ...I agree with Anonymous 14:30 that personality rights could affect this case. New York state provides for them under a statute,NY Civil Rights Law para. 50 and 51. <br /><br />However, the infringing use has to be commercial, and there are cases where use of likeness to create art has not been found by courts to be commercial. <br /><br />Also, First Amendment can be a defense, and an expressive use such as art may not be infringing. Marie-Andree Weisshttps://www.blogger.com/profile/17125973798789498436noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-63123122286051986632015-06-04T14:30:44.823+01:002015-06-04T14:30:44.823+01:00Most of the comment posts on this has been about c...Most of the comment posts on this has been about copyright, I haven't come across anything on the issue of personality rights. The thought of seeing a huge blown up version of a 'selfie' (that was posted on Instagram & intended to amuse your friends,) on an art gallery wall wouldn't be pleasing to most people and this was without their permission? So how does personality rights affect this case? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-32120735205144847902015-06-02T13:54:31.126+01:002015-06-02T13:54:31.126+01:00Prince's work should be considered an infringi...Prince's work should be considered an infringing derivative work, in which case he holds no copyrights in the unauthorized derivative work, and the original author can do what she wants with it. The Second Circuit's transformative use test has gone too far, and these are the absurd things that happen as a result.Anonymousnoreply@blogger.com