~No, NO NO . . . Bad, Andy !!
TRANSFORMATIVE ?
the most B.S. word in the entire English language / same with . . Fair Use.
ANDY . . . aka Andy Warhol Foundation for the Visual Arts,
you owe that . . seriously iconic, in her own right / woman rock photog LYNN GOLDSMITH – big time !!
SO, PAY UP !!
you can’t rent a car for a day, especially a rare & historic one, spray paint it, install it in front of City Hall, and then – call it yours, because you ‘transformed it – into art’ . . ?
and, then skip out – on paying for it.
you’d be hauled in for major theft, no doubt about. same thing here.
the only thing that’s ‘transformative’ . . is you stole her copyright,
and, used her unique historic photo – as if it was yours.
you absolutely usurped her photo credit, and with it, her absolute right – to decide & control it’s fate.
she absolutely has the right – to sue for it’s . . unauthorized & very commercial use.
collab / as in ‘collaboration’ is the key word going forward, as it is in many issues now facing a fragile society – across the board.
for those cry babies, whining that a ‘whole genre of art’ will be lost, here’s a few choice words: get original, or collaborate, or . . . . get out.
at a minimum, depending on circumstances – at least show some respect, and acknowledge – the creative ‘riff’.
copyright law is a fairly new concept, as the world turns / and, has always continually evolved, according to the times, and the need to address . . ongoing advances in technology, printing, and etc.
image via: ‘Top Court to Weigh Copyright Case on Prince Images’, by DEANNA PAUL and JESS BRAVIN,
including a 1981 photo of Prince taken by LYNN GOLDSMITH / and the Warhol re-iteration /
THE WALL STREET JOURNAL, Tues March 29, 2011 / Pg. A3.
now, WILL SMITH vs. CHRIS ROCK – that’s . . m-e-s-s-y.
just FYI:
from my personal experience as an artworld ‘event’ photographer, who has posted many a / and, now historic, and always hard-won – photo online, starting with artnet 2002-04, & now on this image-based indie report / going back to 2005 / – and, who has had ‘transformative’ thrown into my face too many times to count, to justify the blatant theft of my photos, esp into film documentaries, or other larger online & print publications, such as Business Insider, and smaller ones like ‘Guest of a Guest’ etc etc . . and, who used come out – sometimes with more than $12 grand a year in my pocket / from those grimy intellectual copyright battles / and without a lawyer, btw / my humble take on the word . . . ‘transformative’ . . .
stems from the early ‘formative’ days, of Internet / World Wide Web rule-making / which were coming directly – out of a highly comprised, Standford University, California (!!) / dept., which specifically-addressed copyright on the web / and which was, quite laughably funded by the huge tech companies / who were wanting to allow the massive use of other people’s, or publications’ . . media photos / as the new & very easy ‘digital’ reproduction of same – had opened up a Pandora’s box.
it was quite literally, the Wild, Wild West – all over again.
1. like many a conflict – this only served to harden photo & intellectual content copyright . . legal recognition, protection & penalties.
in fact, if you are a big photo maestro, and actually go the (now) legal route, to ‘register’ your photos, you can in fact, make serious damage in penalties.
a few famous cases, have made that, quite clear.
otherwise, as a smaller enterprise, you have the right to demand deletion, of said ‘lifted’ photo, and a couple of $$ grand as penalty.
2. luckily for them, the paid University rule-makers, and their big tech sponsors . . they actually missed the boat – in predicting massive theft of other peoples photos, professional, or not / which they felt they needed – to make legal, to keep web traffic flowing & growing / because turns out:
wouldn’t you know it !!
social media posters – like to use their own photos !!
seriously !!
we have become a nation of photographers, esp with the advent of camera-enhanced cellphones.
3. google !!
or, the snake eats its own tail !!
the best enforcement of unauthorized photo use / turns out to be the very tech giant – that tried to run roughshod, over it.
if you use, abuse, exploit, or just post someone else’s photo / without a proper photo credit at a minimum, you are so busted !!! big Time !!
it’s called: google SEARCH !!
and, Creative Commons – be damned, may you all roast in hell.
whoever said, just because you are a ‘non-profit’, (supposedly?) . . . that – you are right ?