(Above Left: Photo of Run D.M.C., taken by Glen E. Friedman Above Right: The invitation which Thierry Guetta, aka Mr. Brainwash, used for his debut exhibition 'Life Is Beautiful'.)Thierry Guetta, the figure at the center of the Banksy documentary Exit Through the Gift Shop, just lost a court case which could result in significant damages.
Sean Bonner broke the initial news of the legal dispute here on Boing Boing, in a guest blog post this January.
From the Melrose and Fairfax art blog:
A judge just ruled against Mr. Brainwash in a lawsuit from photographer Glen E. Friedman claiming that MBW used his iconic photo of Run D.M.C. without permission. Mr. Brainwash had argued that the photo had been altered sufficiently and could be used under the 'fair use act'. But the judge disagreed, and, MBW's haters will be excited to hear that the judge "ruled that Guetta can't defend his work as transformative fair use."
Some will ask how this case is different from that of the Associated Press and Shepard Fairey, over Fairey's iconic Obama poster. Some context: Fairey is a creative collaborator and friend of Friedman, and Bonner, and crossed paths with Guetta, as those of you who saw "Gift Shop" will recall. Sean Bonner covered that question here in detail, in a previous Boing Boing guest blog post.
Boing Boing editor/partner and tech culture journalist Xeni Jardin hosts and produces Boing Boing's in-flight TV channel on Virgin America airlines (#10 on the dial), and writes about living with breast cancer. Diagnosed in 2011. @xeni on Twitter. email: firstname.lastname@example.org.