Comments on: Careful where You Point that Thing http://johnkivus.com/2010/02/10/careful-where-you-point-that-thing/ I Love Being Taken by Photographs Tue, 05 Jul 2011 18:28:00 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: John MacPhersonhttp://johnkivus.com/2010/02/10/careful-where-you-point-that-thing/comment-page-1/#comment-74 John MacPherson Sat, 28 May 2011 08:24:00 +0000 http://johnkivus.com/?p=112#comment-74 <p>The stamp photo example (Gaylord V The United States) is rather interesting. A quote from the judgement reads: "Mr. Alli [the photographer], through his photographic talents, transformed this expression and message, creating a surrealistic environment with snow and subdued lighting where the viewer is left unsure whether he is viewing a photograph of statues or actual human beings"</p> <p>Does this imply that a less talented photographer will be MORE liable because the derivative work they create, through the lack of appropriate skill, is MORE like the original?  Which the lobs the whole matter into the murkily grey area of defining 'skill' as an artist. Seems to me the implications of the Gaylord V TUSA case are more far-reaching than they appear at face value. Mind you I'm not a lawyer so what do I know! I might be an artist though, but it seems I'd need a court judgment to decide for sure.</p> The stamp photo example (Gaylord V The United States) is rather interesting. A quote from the judgement reads: “Mr. Alli [the photographer], through his photographic talents, transformed this expression and message, creating a surrealistic environment with snow and subdued lighting where the viewer is left unsure whether he is viewing a photograph of statues or actual human beings”

Does this imply that a less talented photographer will be MORE liable because the derivative work they create, through the lack of appropriate skill, is MORE like the original?  Which the lobs the whole matter into the murkily grey area of defining ‘skill’ as an artist. Seems to me the implications of the Gaylord V TUSA case are more far-reaching than they appear at face value. Mind you I’m not a lawyer so what do I know! I might be an artist though, but it seems I’d need a court judgment to decide for sure.

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