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Unlike you, he has won a lawsuit to that effect. Also, he has sold similar appropriations for far more money, so there's a framing effect as to what they're wo
by wiredfool 11y ago
Unlike you, he has won a lawsuit to that effect. Also, he has sold similar appropriations for far more money, so there's a framing effect as to what they're worth.
- brador 11y agoHe won that lawsuit because that work was transformative. I think it could be argued that his Instagram pieces are not.
- wiredfool 11y agoBut also, in that case, the copyrighted work was registered, allowing statutory damages. It's unlikely that these instagrams are registered, which reduces the potential award. In addition, there's likely no actual damages in terms of lost sales. I think that he's got a pretty good chance that he'd win based on the history, and lower damages in the case of a loss. (Not registered, not otherwise commercial work, no potential loss of sales for original)