3 ms·

This is pretty much direct pixelated copy of the original photo. I think he deserved to get sued. The derivative examples he provides below are copies of truly

• snsr 15y ago
  This is a clear-cut case of fair use - it seems Maisel would likely have lost had the case gone to trial (see Blanche vs Koons). To your second point; the original photograph on the Miles Davis cover has absolutely become an iconic piece of American culture - I take it you're not a jazz enthusiast?
  • rorrr 15y ago
    Go to google images and search for "jazz" or "miles". You will not find that photo in the first 200+ images (I haven't checked further). You will see many other photos of Miles Davis though. You call that image "iconic"? And then go search for "morrison".
    • Tiomaidh 15y ago
      43rd one, by my quick count: http://images.google.com/search?tbm=isch&hl=en&source=hp&biw=1400&bih=959&q=miles&gbv=2&oq=miles&aq=f&aqi=g10&aql=undefined&gs_sm=e&gs_upl=678l926l0l5l2l0l0l0l0l93l173l2l2 http://images.google.com/search?tbm=isch&hl=en&sourc... And 20th for "Miles Davis": http://images.google.com/search?hl=en&biw=1400&bih=959&gbv=2&tbm=isch&sa=1&q=miles+davis&oq=miles+davis&aq=f&aqi=g10&aql=undefined&gs_sm=e&gs_upl=11419l13018l0l11l8l0l1l1l0l180l810l1.5l6 http://images.google.com/search?hl=en&biw=1400&bih=9... "Kind of Blue" the album is incredibly famous and respected (http://en.wikipedia.org/wiki/Kind_of_Blue#Reception_and_influence http://en.wikipedia.org/wiki/Kind_of_Blue#Reception_and_infl...), and its album art--though not the best I've seen--is therefore a Big Deal by association, if nothing else.
      • rorrr 15y ago
        Point proven. How can an iconic image be #20 or #43? Shouldn't it be #1 like for Morrison?