05/01/2013 03:49 pm ET

Mr. Brainwash Loses Copyright Case For Not Being 'Art' Enough

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Just days after Richard Prince triumphantly won his copyright lawsuit, just when we supposedly established that “law does not require that a new work of art comment on any of its source material to qualify as fair use” — today, appropriation rights take a step back. A California judge has ruled that Mr. Brainwash was, in fact, breaking copyright when he appropriated a famous 1977 black and white photograph of Sid Vicious by Dennis Morris.

After surveying Mr. Brainwash’s art, the judge says “most of [the] defendant’s works add certain new elements, but the overall effect of each is not transformative.” Try harder, Brainwash. You’re not using enough decorative fuchsia splatter. How about a little mole doodle or something?