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An enlarged print of an Instagram post containing a copyrighted photo counts as a transformative use, an attorney for “appropriation artist” Richard Prince — whose use of other artists' material in his own works has made him no stranger to the courts — argued before a New York federal judge in April.
At issue in photographer Donald Graham's lawsuit against Richard Prince is a black-and-white photo titled “Rastafarian Smoking a Joint.” Graham v. Prince, 15-cv-10160 (S.D.N.Y.). Graham alleges that he took the photo during a 1996 trip to Jamaica and that it was first published in August 1998. The work was registered with the U.S. Copyright Office on Oct. 20, 2014.
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