Opinion of The Court
The Court found both "substantial similarity" and that Koons had access to the picture. The similarity was so close that the average lay person would recognize the copying, a measure for evaluation. Thus the sculpture was found to be a copy of the work by Rogers.
On the issue of fair use, the court rejected the parody argument, as Koons could have constructed his parody of that general type of art without copying Rogers' specific work. That is, Koons was not commenting on Rogers' work specifically, and so his copying of that work did not fall under the fair use exception.
Read more about this topic: Rogers V. Koons
Famous quotes containing the words opinion and/or court:
“It is my opinion that time brings all things to fruition; by time all things are made plain; time is the father of truth.”
—François Rabelais (14941553)
“At court I met it, in clothes brave enough
To be a courtier, and looks grave enough
To seem a statesman.”
—Ben Jonson (15721637)