| Rogers v. Koons | |
|---|---|
 | |
| Court | United States Court of Appeals for the Second Circuit |
| Full case name | Art Rogers v. Jeff Koons; Sonnabend Gallery, Inc. |
| Argued | October 3, 1991 |
| Decided | April 2, 1992 |
| Citations | 960 F.2d 301; 1992 U.S. App. LEXIS 5792; 22 U.S.P.Q.2D (BNA) 1492; Copy. L. Rep. (CCH) ¶ 26,893; 20 Media L. Rep. 1201 |
| Case history | |
| Subsequent history | Cert. denied, 506 U.S. 934 (1992) |
| Procedural history | Summary judgment granted in part to plaintiff, 751 F. Supp. 474 (S.D.N.Y. 1990); amended on rehearing, 777 F. Supp. 1 (S.D.N.Y. 1991) |
| Holding | |
| An artist who reproduced a photograph as a three-dimensional sculpture for sale as high-priced art could not claim parody as a defense for copyright infringement, when the photograph itself was not the target of his parody. | |
| Court membership | |
| Judges sitting | Circuit Judges Richard J. Cardamone, Lawrence Warren Pierce, John M. Walker, Jr. |
| Case opinions | |
| Majority | Cardamone, joined by Pierce, Walker |
| Laws applied | |
| 17 U.S.C. § 101, et. seq. (Copyright Act of 1976) | |
Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992),[1] is a leading U.S. court case on copyright, dealing with the fair use defense for parody. The United States Court of Appeals for the Second Circuit found that an artist copying a photograph could be liable for infringement when there was no clear need to imitate the photograph for parody.
- ^ Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992).