In Cariou v. Prince, 714 F.3d 694 (2nd Cir. 2013), the U.S. Court of Appeals for the Second Circuit recently looked at this issue and answered, “yes”. Well, at least they reversed the lower court’s judgment in part, vacated that judgment in part, and remanded it in part. I understand this is legalese, so for now let’s just say that the Second Circuit said “yes” even though that’s not entirely accurate.
Today we’re looking at the Cariou-Prince case, which has a lot of people in the art community quite upset. At the end of this article, you get to play lawyer so bare with me until then.