Using a Photo as an Inspiration

Court Case

Rogers v. Koons, 1992 is a copyright case in the United States.

Please note that the judgment falls under a legal jurisdiction other than the UK.

Rogers v. Koons was a copyright case in the United States dealing with the fair use defence for parody.

Jeff Koon made a sculpture based on one of Art Rogers’ photographs. It was for an art show on the banality of everyday items. After removing the copyright label from a postcard of Art Rogers’ photograph, he gave it to his assistants with instructions on how to model the sculpture. He asked that as much detail be copied as possible, though the puppies were to be made blue, their noses exaggerated, and flowers to be added to the hair of the man and woman.

The image consists of two side-by-side pictures. The left image (Rogers' Puppies) is a black-and-white photograph of a man and a woman sitting side by side, each holding multiple puppies. Both the man and woman are smiling, and the scene has a rustic, farm-like setting with a fence in the background. The puppies appear to be identical, likely of the same breed, and are sitting on their laps. The Right Image (Koons' String of Puppies): This is a brightly colored, stylized sculpture that mirrors the left photo. The figures of the man and woman are highly exaggerated, almost cartoonish. They have smooth, shiny surfaces, and the puppies are painted in a striking blue color. The human figures are similarly posed to the original photo but are rendered with orange and pink clothing, and the entire scene feels artificial and playful. The main difference between the two images is the medium and style. The left is a naturalistic photo, while the right is an exaggerated, whimsical sculpture with vibrant colors and a surreal quality.
What do you think was the judgement?

Continue to read about this case on Wikipedia.

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.