[NetBehaviour] Cariou vs. Prince: THE COPYRIGHT BUNGLE

dave miller dave.miller.uk at gmail.com
Fri Apr 1 19:55:22 CEST 2011


"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 <rob at 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.
>
>
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