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I'm pretty surprised that his work stands up as not infringement after Shepard Fairey and the AP. It seems that his work was much more transformative than what

by abakker 11y ago

I'm pretty surprised that his work stands up as not infringement after Shepard Fairey and the AP. It seems that his work was much more transformative than what Prince is doing here, and yet he lost. I can't help but feel that the real argument Prince has here is the money to pay better lawyers than the people he "borrows" his work from. I think the result would be different if he was snagging AP photos. Also, I'm not sure whether this applies specifically to Prince, but this clause in the instagram policy would seem to suggest that Prince is at least violating Instagram's policy: The Service contains content owned or licensed by Instagram ("Instagram Content"). Instagram Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Instagram, Instagram owns and retains all rights in the Instagram Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Instagram Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Instagram Content.

FireBeyond 11y ago
Right. I have absolutely no doubt that there's precisely zero coincidence that he doesn't do this to AP/Reuters/Getty images. He may not "believe" in copyright (though it would be awesome if someone took a photo of his "work" and what his reaction would be), but he sure as hell knows that it wouldn't survive through court. He just doesn't care, though. "Even if they didn't give me permission, I'd do it anyway." Such a rebel.
- Terr_ 11y ago
  > I have absolutely no doubt that there's precisely zero coincidence that he doesn't do this to AP/Reuters/Getty images. If only some random user took one of those images, and then he re-stole it without noticing until too late...
usefulcat 11y ago
It's probably reasonable for him to calculate that Instagram is unlikely to take action against him because his success means free advertising for them. Also, I'm not sure how you can claim that "his work stands up as not infringement"; to my knowledge, he hasn't been sued over this so these pieces haven't been put to any legal test.

by abakker 11y ago

FireBeyond 11y ago

Right. I have absolutely no doubt that there's precisely zero coincidence that he doesn't do this to AP/Reuters/Getty images. He may not "believe" in copyright (though it would be awesome if someone took a photo of his "work" and what his reaction would be), but he sure as hell knows that it wouldn't survive through court. He just doesn't care, though. "Even if they didn't give me permission, I'd do it anyway." Such a rebel.

Terr_ 11y ago
> I have absolutely no doubt that there's precisely zero coincidence that he doesn't do this to AP/Reuters/Getty images. If only some random user took one of those images, and then he re-stole it without noticing until too late...

usefulcat 11y ago

It's probably reasonable for him to calculate that Instagram is unlikely to take action against him because his success means free advertising for them. Also, I'm not sure how you can claim that "his work stands up as not infringement"; to my knowledge, he hasn't been sued over this so these pieces haven't been put to any legal test.