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Author Topic: Instagram images and Prince transformative work worth $90,000  (Read 7971 times)

richardhertz

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http://www.washingtonpost.com/blogs/style-blog/wp/2015/05/25/a-reminder-that-your-instagram-photos-arent-really-yours-someone-else-can-sell-them-for-90000/?tid=sm_fb

I'd sure like to hear opinions regarding Mr. Prince's 'art'.

I find it very interesting that taking a picture of a picture can be considered a 'transformative work', yet photocopying a book (basically taking a picture of the printed word) is a violation of copyright.

While the bar for transformative work may be currently set very low, I think there may be multiple points of law to be debated regarding Mr. Prince's form of artistic expression. I sure would like to observe these arguments.

Greg Troy (KeepFighting)

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Re: Instagram images and Prince transformative work worth $90,000
« Reply #1 on: May 30, 2015, 05:39:45 PM »
i believe the reason he can do it is he is making some minor change to the photograph.  I can find the same type of thing on Getty images, there is a picture of an elephant balancing on a beachball on the beach with the ocean in view.  The is exclusive to one artist, then there is a picture of the same elephant balancing on a a ball but the ball is now a soccer ball and the background is the African plains. This is exclusive to another artist.

I would venture to say neither owns the original elephant picture and each has changed the background and ball.  Is this right or wrong, I have my opinions on the matter but this I believe is the same principle as what this person is doing with these images.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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Robert Krausankas (BuddhaPi)

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Re: Instagram images and Prince transformative work worth $90,000
« Reply #2 on: May 31, 2015, 01:17:40 PM »
Personally I think this guy will get sued and he will lose, there is another case that was similiar to this, where the judges deemed the work as transformative HOWEVER the subject matter was of a "public personality"... This guy is using instagram images, without a model release, which is where I think he'll be in hot water over. I also don't think he is "transforming them very much...I guess we'll see going forward.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

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Greg Troy (KeepFighting)

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Re: Instagram images and Prince transformative work worth $90,000
« Reply #3 on: May 31, 2015, 10:19:11 PM »
Personally I think this guy will get sued and he will lose, there is another case that was similiar to this, where the judges deemed the work as transformative HOWEVER the subject matter was of a "public personality"... This guy is using instagram images, without a model release, which is where I think he'll be in hot water over. I also don't think he is "transforming them very much...I guess we'll see going forward.

I tend to agree with you and it may all come down to Instagram's TOS.  I don't use it and don't know what it is.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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richardhertz

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Re: Instagram images and Prince transformative work worth $90,000
« Reply #4 on: June 02, 2015, 11:01:03 PM »
Mr Prince has been sued before over some Rastafarian images he 'transformed', and he won, thus setting the bar for transformative works so low.

I can see clipping out images from magazines and newspaper, then using them as a collage (fulfilling transformative work), but this screen shot and adding copy (text narrative) below an image, well that is pretty loosey goosey. This is exactly why I would like to hear more thoughts on the topic from this learned group.

richardhertz

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Re: Instagram images and Prince transformative work worth $90,000
« Reply #5 on: June 07, 2015, 12:54:23 PM »
The artists are fighting back:

http://distractify.com/Mustafa-Gatollari/suicide-girls-revenge/

As I suspected, whats good for the goose.....the artists are too making a very slight change, adding one line of text and offering the transformative works at 1/1000th of the price, with the proceeds going to charity.

Robert Krausankas (BuddhaPi)

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Re: Instagram images and Prince transformative work worth $90,000
« Reply #6 on: June 07, 2015, 06:51:20 PM »
that is indeed genius...well played ladies!
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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Greg Troy (KeepFighting)

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Re: Instagram images and Prince transformative work worth $90,000
« Reply #7 on: June 07, 2015, 10:15:08 PM »
Brilliant!
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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Peeved

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Re: Instagram images and Prince transformative work worth $90,000
« Reply #8 on: June 08, 2015, 01:15:48 PM »
AND....the charity of choice is none other than
EFF (Electronic Frontier Foundation)!

Love it!

Robert Krausankas (BuddhaPi)

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Re: Instagram images and Prince transformative work worth $90,000
« Reply #9 on: June 08, 2015, 02:44:05 PM »
AND....the charity of choice is none other than
EFF (Electronic Frontier Foundation)!

Love it!

makes it even better!
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

 

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