Ever since Richard Prince’s “New Portraits” project first made headlines, we’ve been following the story—and the copyright implications.  Now, two lawsuits that arose out of that controversial exhibition are headed for a summary judgment ruling. 

​Last week, a federal judge refused a request by Sesame Workshop—creator of classic children’s television show Sesame Street—to enjoin parts of a marketing campaign for an upcoming R-rated comedy film featuring a much darker take on puppets.

This blog writes often about copyright law, including defenses to copyright infringement claims, such as fair use.  One recent decision highlights the “de minimis” defense to copyright infringement, which recognizes that there are cases where a defendant may use someone else’s copyrighted material in a way that is so minor that it does not give rise to a cognizable claim. 

A recent decision by the Second Circuit Court of Appeals adds further complexity to the ever-evolving body of case law discussing the difficult concept of the “fair use” defense in copyright law. The case will likely be of interest to the art world because of the importance of fair use to many forms of art, from parody to appropriation art.

Even when it comes to parodies, fair use litigation is rarely a cut-and-dried slam-dunk.