Artist Jeff Koons has provided the 2nd Circuit with some intriguing cases on the issue of fair use of copyrighted works. Last week, the circuit found that Koons was protected by the fair use doctrine when he used a photographer's photo as part of a collage he assembled. The decision came 14 years after the circuit found that Koons, whose work has sometimes been called "appropriation art," was found to have violated a copyright by what one judge called "slavishly" recreating another person's work.
Artist Koons' 'Transformative' Use of Photo Affirmed by 2nd Circuit
New York Law Journal
October 31, 2006