Use of Photographs in Derivative Artwork: Fair Use Question:

Hypothetical: Artist finds photographs of a bullfight on the internet. Takes these images, enlarges sections (often creating an abstract, pixillated image), turns these images into a cross stitch pattern, then produces pillows.

Question: Is this a copyright violation, or is this fair use? Contemporary artists, such as Richard Prince, have "re-photographed" Marlboro ads, presenting sections as new, conceptual work... But Warhol did get sued for using another photographer's work as the basis for his famous "Flower" paintings...

Thoughts?

Thank you,

-Daniel Smith Received on Sat May 21 2005 - 01:40:30 GMT