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Archive for the ‘Copyright’ Category

Andy Baio’s art of copying Jay Meisel

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Mike Masnick, techdirt:

Photography, by its very nature, starts with simply copying what’s on the other side of the lens. Yes, there is more to it on top of that. There are all sorts of artistic choices to be made about how to copy. How to frame, how to focus, how to light, how to shade, how to dodge, how to print, etc. That’s what makes it an artform. But it’s incredibly hypocritical to then decry others similarly making a copy, with similar artistic choices, by somehow claiming that that version of copying is “theft.” So, photographers, please don’t be so quick to decry other artforms that also start with copying, but which also then apply additional artistic choices. If Jay Maisel’s photograph of Miles Davis is unique and original artwork (and I believe it is), then so is the cover of Andy Baio’s album.

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Copy that …

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Written by dominiquejames

June 25, 2011 at 1:36 AM

The Maisel/Biao Incident

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Duncan Davidson, Photographer at large, on the Maisel/Biao incident:

The shame of it all is that while copyright is largely a conversation between corporations, the situation here pits creative against creative with legal tools that are mismatched for the case at hand. Nobody really wins.

Written by dominiquejames

June 24, 2011 at 11:59 PM

In favor of Jay Maisel

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Mike Johnston of The Online Photographer favors Jay Maisel’s cause against Andy Baio:

I side with Jay in this one. That is, I think the Kind of Bloop cover is indeed a case of infringement and does not qualify as Fair Use … the issue hinges on “derivative” vs. “transformative” works of art. You’re allowed to transform (create something new on the shoulders of the old); you’re not allowed to derive (copy, even loosely—even in another medium). Sometimes it does take a jury to decide which is which. Sad but true.

The smell of fish

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The 10 rules of US copyright infringement

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Written by dominiquejames

June 24, 2011 at 11:19 AM

What to do when your image is stolen online

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Rob Haggart, A Photo Editor:

Having your images stolen online is not an “if,” but a “when” will it happen type of situation that you should be prepared to take action on. If you plan to run a photography business then you should plan to hire a lawyer now and again. If you cannot hire one then you should marry one, trade photos with one or be best friends with one.

Written by dominiquejames

June 24, 2011 at 11:14 AM

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