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Photography versus Fair Use

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  #11  
Old 02-16-2009, 07:48 AM
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Frank Lopes Frank Lopes is offline
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Re: Photography versus Fair Use

I remember vaguely reading articles written around the time he passed on, specifically making the point that he had not gotten permission, but due to the fact that he was so famous when he died, the copyright owners didn't mind having their work used.

If that was the case, and I obviously don't know for sure, are we using a different standard today?
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Old 02-16-2009, 08:33 AM
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Re: Photography versus Fair Use

If they "didn't mind," then he had permission, if only informally.
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Old 02-16-2009, 09:02 AM
negrodario negrodario is offline
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Re: Photography versus Fair Use

Fair is fair. No matter how much you altered or distort it to give the art look, it was still originally a photo. If the artist paints a portrait by memory, then its a different game. It this case the rights belong to the photographer, and if he relinquish them, they belong to the publishing house.

Hello to everybody!
negrodario
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Old 02-16-2009, 09:28 AM
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Re: Photography versus Fair Use

That's not necessarily so. If the image is altered enough, it is argued that it is no longer the original image.
The Fair Use Act covers music, photography, art, literature, and a few other things. If there is a significant alteration from the original, it is no longer the original artwork (regardless of media) of the original artist.
Vanilla Ice is a prime example. By adding a pause and an extra note, he all but stole the music of Queen. It wasn't the same, though anyone could tell the original source from which he sampled it. If I'm not mistaken, he won in court, intellectual thief though he was.
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