Skip to content

Copyright Infringement as an Intentional Tort

Yesterday’s NYTimes “but is it art?” account of the photography of Richard Prince and his source Jim Krantz provides a terrific opportunity to think about some of the core propositions of copyright law and some related propositions of trademark law.  Prince is a famous appropriation artist.  Among other things, he re-photographs advertising images — including those shot by Jim Krantz — and presents them as his own.  The Times, following Krantz himself, doesn’t pursue the liability angle; at most, Krantz wants credit.  The issue is both simpler and trickier than it appears.  More below the jump.Read More »Copyright Infringement as an Intentional Tort