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Re:Does Andy Warhol get same copyright treatment as Google c... by Brian_K_White on Saturday April 24, 2021 @04:45AM (#26923375)
Why isn't it allowed to say that images of Prince were part of the environment, and the Warhol work simply documents or depicts that which was in the environment for all to see and which all experienced? It is both documentary and impression.

To me, (in a fantasy, perhaps incompletely considered "sane" world) once you broadcast or publicize something, you really waive all right to continue controlling it. If you want it for yourself, then keep it to yourself. But if you voluntarily allow it to be broadcast on TV or radio, or published in books or magazines, then you chose to make it a part of everyone's environment, and at that point it's THEIR environment, which in a sane world, they are free to at least observe and discuss. And recording and re-transmitting, even without transformation would just be forms of observation and discussion.

If the original photographer didn't want their photograph disseminated, they were free to not publish it or sell it to someone who they knew would publish it. They could have kept it locked in a safe in their own house and for their own enjoyment, and no one else would ever see it, remember it, or depict their impression of that memory to others.

Tell me Warhol's work is not impressionism.

I also wonder what the photographer paid to Prince for the use of his likeness... Or maybe the real theft victim and moral owner of this intellectual property is the designer of the camera or the film or firmware? After all, the operator may have pressed a button, but the engineers did far more work and the image was actually literally created by the camera.

Re:Does Andy Warhol get same copyright treatment as Google c... by theelous3 on Saturday April 24, 2021 @05:43AM (#26923614)
This is a nice sort of post capital star trek thought, but the current reality is that this environment of yours us a mixed commercial, community and personal space. While you'd have to be fairly thick to not consider warhol's work fair use, there are an endless amount of creative and technical pursuits that without protection would leave the creators destitute. Just take one look at open source - an outright ocean of creative technical work used commercially and personally, and the avergae funding there is not just zero, but negative by way of dev time and material goods required to produce it. And that's probably the worlds most conscious space in terms of free use and shared contributions and so on.

Declaring all sharing discussion just doesn't cut it.

I would _like_ if we were in a place we could have this environment/discussion idea, but we're not even close.

Re:Does Andy Warhol get same copyright treatment as Google c... by michaelt on Saturday April 24, 2021 @05:09AM (#26923489)
Isn't that just a fancy way of saying "copyright shouldn't exist" ?
Re:Does Andy Warhol get same copyright treatment as Google c... by Brian_K_White on Saturday April 24, 2021 @06:41AM (#26923868)
Maybe.