"But as artists what should concern us is that it is a decision regarding art that significantly reduces what it is possible to do in art."
I totally agree Rob, this is important - copyright law should not stop artists from being free to transform source material into something original and new. dave On 1 April 2011 18:31, Rob Myers <r...@robmyers.org> wrote: > On 01/04/11 17:29, Catherine Daly wrote: >> It is actually pretty consistent with recent decisions in music and >> literature re: copyright. > > It may or may not be consistent with recent bad decisions in literature > and music that have misguidedly reduced the scope of free expression in > the name of enforcing commercial interests. > > But as artists what should concern us is that it is a decision regarding > art that significantly reduces what it is possible to do in art. > >> Plus, he's appropriated 40 entire images and superimposed on them. He >> hasn't altered the base image of the one picture I saw. > > Except by collaging it and painting on or around it to produce a > noticeably new combined image. > > Reports of the case have been very careful to show only the most similar > (parts of) images. And yet I doubt anyone would lose money if asked to > bet on which was the original and which was the adaptation even for those. > >> It seems part of his intent was to reduce the marketability of the >> original images (not of the small pieces of other images). But his >> greater profit than the maker of the base images is very much on point. > > Well, no, as literature and music cases show. You don't have to be > making more money than the rightsholder for their loss of revenue or > your profit motive to be a factor in the four step test. > >> But, is this fair use because it is parody? > > No. It is fair use because it is transformative. It changes the > appearance and tone of the source material into something original and new. > > Which part of "destroy the art" are people not getting? > > - Rob. > > > _______________________________________________ > NetBehaviour mailing list > NetBehaviour@netbehaviour.org > http://www.netbehaviour.org/mailman/listinfo/netbehaviour > _______________________________________________ NetBehaviour mailing list NetBehaviour@netbehaviour.org http://www.netbehaviour.org/mailman/listinfo/netbehaviour