Instagram Photos and Infringement? New York Artist Sued Over Artistic Use

Richard Prince is a New York artist known in part for art that incorporates the work of others. One of his most recent displays – which ran in September and October 2014 in the Gagosian Gallery – is New Portraits, which consists of thirty-seven inkjet prints. The prints are Instagram posts from third parties that have been enlarged and printed on canvases. Prince modified the canvases by enlarging the pictures and adding emojis and random sentences underneath the pictures. Individual canvases sold for up to $100,000 per work at the New York Frieze art fair.

When does adaptation become infringement? Read more about the law surrounding Instagram, and other social media.

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.