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Fair Use Not Copyright Theft

Artist Jeff Koons has won a court battle over the use of a fashion photographer’s image reports Clancco.

Koons had used Andrea Blanch’s picture in a collage but had significantly altered it, inverting and changing the image’s colour.

Blanch sued for copyright infringement but the court found that Koons appropriation came under the definition of fair use because his use was ‘highly transformative and the copyright owner suffered no harm to her market’.

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