After reading Andy Baio's post about his recent ordeal / lawsiut with photographer Jay Maisel I found myself, as an artist and a photographer, landing on both sides of the fence. If you can visualize that, you'll realize it makes for a very *cough* uncomfortable position. The right to take someone else's photo and make transformative art from it has been an on going hot topic as we've seen in Noam Galai’s Stolen Scream or Glen E. Friedman's copyright infringement case against Thierry Guetta. Like those stories, this article is bound to stir up a hornet's nest of opinions. To avoid suffering from a barrage of stings I've decided to withhold my take on thing and instead ask you the 5 W's:
Who do we allow to use our photos?
What should we consider "fair use"?
When is it time to bust out the lawyers and sue?
Where is the line between transformative art and straight up ripping off?
Why is there so much confusion on this subject?
I think you will find that if you can answer any one of these questions you have answered them all but it's a task far larger than it seems. I really look forward to reading everyone's take on this story , so be sure to leave your comments and don't forget to subscribe to receive our weekly newsletter.