Does Richard Prince’s New Exhibition Feature Instagram Photos? Reply

Each piece in Richard Prince’s new exhibition at the Gagosian Gallery on Madison Avenue in NYC appears to be a screenshot of someone else’s Instagram post that Prince has commented on and then printed onto canvas …and is selling through the Gallery.  This novel exhibition is fascinating; because, it is an example of mining content posted to a social media website under broad licensing and terms of use.

Social media websites generally allow users to post content, including photographs, under the website’s terms of use that grant a broad license to the posted content. Users generally retain ownership to posted content under the terms of social media websites. However, monitoring who uses the content and whether or not permission is needed when other folks use content posted to social media can get murky and varies depending upon the website’s Terms of Use.

For example, the Terms of Use posted to Instagram includes the following language:

“you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.”

“Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.”

Instagram and other social media websites do give users ways to report violations including copyright infringements and can (and often do) disable or delete accounts of users who repeatedly violate other users and the website’s Terms of Use. Back to Richard Prince, I read that his Instagram account has been turned on and off more than once. Evidently, this has become a flattering statement regarding the artist’s edginess. Since, Prince is a celebrity artist; Instagram may earn virtual cache by having him as a user. As far as the folks whose Instagram photos appear to be featured in Prince’s exhibit (New Portraits, at the Gagosian) I recognized a few celebrity faces and haven’t read about any objections or lawsuits.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: for more information about Richard Prince and his exhibition titled New Portraits at the Gagosian Gallery through October 25th, see: http://www.gagosian.com/artists/richard-prince, http://www.gagosian.com/exhibitions/richard-prince–september-19-2014 and http://www.richardprince.com/bio/; for more information about the exhibit see: http://www.supertouchart.com/2014/09/23/first-look-richard-prince-new-portraits-at-gagosian-madison-ave/, http://hyperallergic.com/152762/richard-prince-inc/, http://www.vulture.com/2014/03/how-richard-prince-got-kicked-off-instagram.html; See also Instagram’s Terms of Use and Privacy Policy (note that the terms are subject to change): http://instagram.com/about/legal/terms/# and http://instagram.com/legal/privacy/#@iplegalfreebies and www.kasterlegal.com.

 

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