4 ms·
>when media are crossed This is not correct. [1] has examples of court cases on transformative and non-transformative. Simply changing media, while copying the
by ChrisLomont 6y ago
>when media are crossed
This is not correct. [1] has examples of court cases on transformative and non-transformative. Simply changing media, while copying the image wholesale, and the image alone, is not transformative.
For an interesting case, look at the famous Obama poster [2], which was made from a photo of Obama, but was clearly transformed. In the ensuing legal battle, which was settled out of court, the creator of the poster went to great lengths to destroy evidence that he created it from someone else's photo (which he later regretted when caught by the court).
So if the Obama poster is not transformative by your argument, then there is no way the Miles Davis tattoo would be.
There's plenty more cases showing media changes are not enough.
[1] https://www.nolo.com/legal-encyclopedia/fair-use-what-transformative.html#:~:text=Courts%20will%20consider%20four%20primary,its%20appearance%20or%20nature%20to https://www.nolo.com/legal-encyclopedia/fair-use-what-transf...
[2] https://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster https://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster