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Press laws and
ethics
BY BHAVISHA JANGID
Art Rogers vs. Jeff Koons
Art Rogers


Art Rogers who is a professional photographer



Black-and white photo of a man and woman sitting on a bench
holding 8 puppies called “Puppies”



Photograph used on various greeting cards and other

generic merchandise.
Art Rogers, Puppies,
photography, 1985
Jeff koons


One of the most important living contemporary artists



Found the postcard



Made a sculpture based on the photograph



Jeff Koons created his work of art in 1988



Entitled it String of Puppies
JEFF KOONS, STRING OF PUPPIES, POLYCHROMO ON WOOD, 1988
The case : copyrights infringement


The resemblance between the photograph and the sculpture



There are some subtle differences found



The case of the exaggerated noses of the puppies and some
other added elements such as the flowers behind the woman’s
ears



Koons sold three editions for a total of $367,000



May 1989, Rogers came acroos Koons sculpture on the front
page of the Los Angeles Times’ Sunday calendar section


Sue Jeff Koons and the gallery that represented him during
that time i.e. Sonnabend Gallery.



Koons did not deny that he copied the photograph



He claimed that it was fair use by parody.



Parody is defined as the humorous form of social commentary
and literary criticism in which one work imitates another.
Procedure


Rogers brought suit against Koons in the United States District Court for the Southern
District of New York



Alleging copyright infringement and unfair competition under § 43(a) of the Lanham
Act and under state law.



District court limited Rogers' motion to the copyright infringement claim.



The court entered a permanent injunction enjoining Koons and Sonnabend Gallery
from making, selling, lending or displaying any copies of, or derivative works based
on, "Puppies,"



Defendants to deliver all infringing articles to plaintiff within 20 days, including the
fourth or artist's copy of "String of Puppies."
Holding


Number of Judgment of District Court is affirmed.
J.K. ROWLING SUES THE DAILY
MAIL FOR LIBEL


Harry Potter author J.K. Rowling is suing the Daily Mail



published an article in September



How JK Rowling’s sob story about her past as a single mother has left the
churchgoers who cared for her upset and bewildered- online



“How JK Rowling’s sob story about her single mother past has surprised
and confused the church members who cared for her” in print.



The article related to a recent piece Rowling had written for a charity
website about the struggles faced by single parents.



This case comes at an interesting time legally, as libel laws in the UK
have recently changed.
J.K.ROWLING, AUTHOR, HARRY POTTER SERIES


Allegation complained of self-evidently of a serious nature



False picture of the claimant’s article on the Gingerbread website



As the defendant’s journalist must have known the claimant had not accused her
fellow churchgoers of ‘stigmatising’ or ‘cruelly taunting’ her.



She had referred to a single occasion involving a woman who had visited the
church one day whilst she was working there.



There was thus no basis in fact for the central premise of the article.

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Rogers vs koons and Jk Rowling defamation case

  • 1. Press laws and ethics BY BHAVISHA JANGID
  • 2. Art Rogers vs. Jeff Koons
  • 3. Art Rogers  Art Rogers who is a professional photographer  Black-and white photo of a man and woman sitting on a bench holding 8 puppies called “Puppies”  Photograph used on various greeting cards and other generic merchandise.
  • 5. Jeff koons  One of the most important living contemporary artists  Found the postcard  Made a sculpture based on the photograph  Jeff Koons created his work of art in 1988  Entitled it String of Puppies
  • 6. JEFF KOONS, STRING OF PUPPIES, POLYCHROMO ON WOOD, 1988
  • 7. The case : copyrights infringement  The resemblance between the photograph and the sculpture  There are some subtle differences found  The case of the exaggerated noses of the puppies and some other added elements such as the flowers behind the woman’s ears  Koons sold three editions for a total of $367,000  May 1989, Rogers came acroos Koons sculpture on the front page of the Los Angeles Times’ Sunday calendar section
  • 8.  Sue Jeff Koons and the gallery that represented him during that time i.e. Sonnabend Gallery.  Koons did not deny that he copied the photograph  He claimed that it was fair use by parody.  Parody is defined as the humorous form of social commentary and literary criticism in which one work imitates another.
  • 9. Procedure  Rogers brought suit against Koons in the United States District Court for the Southern District of New York  Alleging copyright infringement and unfair competition under § 43(a) of the Lanham Act and under state law.  District court limited Rogers' motion to the copyright infringement claim.  The court entered a permanent injunction enjoining Koons and Sonnabend Gallery from making, selling, lending or displaying any copies of, or derivative works based on, "Puppies,"  Defendants to deliver all infringing articles to plaintiff within 20 days, including the fourth or artist's copy of "String of Puppies."
  • 10. Holding  Number of Judgment of District Court is affirmed.
  • 11. J.K. ROWLING SUES THE DAILY MAIL FOR LIBEL
  • 12.  Harry Potter author J.K. Rowling is suing the Daily Mail  published an article in September  How JK Rowling’s sob story about her past as a single mother has left the churchgoers who cared for her upset and bewildered- online  “How JK Rowling’s sob story about her single mother past has surprised and confused the church members who cared for her” in print.  The article related to a recent piece Rowling had written for a charity website about the struggles faced by single parents.  This case comes at an interesting time legally, as libel laws in the UK have recently changed.
  • 13. J.K.ROWLING, AUTHOR, HARRY POTTER SERIES
  • 14.  Allegation complained of self-evidently of a serious nature  False picture of the claimant’s article on the Gingerbread website  As the defendant’s journalist must have known the claimant had not accused her fellow churchgoers of ‘stigmatising’ or ‘cruelly taunting’ her.  She had referred to a single occasion involving a woman who had visited the church one day whilst she was working there.  There was thus no basis in fact for the central premise of the article.