IMAGE RIGHTS AND THE LIMITS OF ART IN THE INFORMATION SOCIETY: AN ANALYSIS OF THE 'RICHARD PRINCE CASE' José Luiz de Moura Faleiros Jr. * Pietra Daneluzzi Quinelato ** Júlia Gessner Strack *** Abstract: This paper examines the complex legal relationship between image rights, terms of use, fair use, and the limits of copyright in the context of contemporary art production, particularly in the information society. The paper focuses on the actions of American artist Richard Prince, who used photographs posted by Instagram users to create canvases that he exhibited and sold for large sums of money. Prince argued that his appropriation of the images and the addition of details, such as comments and likes, represented a creative and transformative innovation that did not violate any rights. This argument sparked a long legal dispute over copyright and fair use limits in American law, which raises important questions about the limits of artistic freedom and the risks of violating rights in the digital age. Drawing on the hermeneutic filter that philosophy can offer, the paper attempts to reconcile the various aspects of this controversy and offers some directions for a more assertive understanding of the problem from a legal standpoint. Keywords: copyright; image rights; information society; artistic freedom; transformative innovation. INTRODUCTION The advent of the internet and new technologies has significantly transformed the way any artistic process is carried out. Globalization further promotes the breaking of physical boundaries, providing access to content produced anywhere, but also increases the possibilities of harmful events and violations of image and copyright holders’ rights. The legal landscape becomes more complex with the role of social media, which creates intricate legal relationships between image rights, terms of use, * Ph.D Candidate in Law, Technology and Innovation at the Federal University of Minas Gerais, Brazil. Email: jfaleiros@ufmg.br / ORCID iD: https://orcid.org/0000-0002-0192- 2336 ** Ph.D Candidate in Civil Law at the University of São Paulo, Brazil. Professor at Faculdades Integradas Campos Salles, Brazil. Email: pietraquinelato@gmail.com / ORCID iD: https://orcid.org/0000-0002-0866-3963 *** Graduated in Law at the Federal University of Rio Grande do Sul, Brazil. Email: julia.gstrack@gmail.com / ORCID iD: https://orcid.org/0009-0009-0576-7538