tag:blogger.com,1999:blog-4513524515428334509.post2734973928937749445..comments2024-03-10T10:55:11.119+00:00Comments on The 1709 Blog: Sometimes It is Hard to Love Fair Useā¦Marie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4513524515428334509.post-54943256696575589372015-06-28T02:35:44.882+01:002015-06-28T02:35:44.882+01:00An excellent summary!
Thinking aloud regarding th...An excellent summary!<br /><br />Thinking aloud regarding the final question - which I'm guessing was not rhetorical - perhaps a balance may be found in the concept of fair recompense. If a MFA student appropriates someone else's work, modifies and adds new elements for course-work, there's little contention that such use is fair use. If that new work is then offered for sale, it moves into a commercial arena in which commercial and business standards may apply. <br /><br />The fact is that out of the 1.5 trillion images produced each year, the artist chose one particular image to modify and add to. That choice is precisely directed: few other images would sit on the axis of the artist's intentions. I think the use amounts to a commercial exploitation of the original work when offered for sale. It may not be infringing given the recent judgments and even if it was, litigation is usually of benefit only to lawyers for either party. So is there not a case for the original rights holder to be compensated for the appropriation of their image? <br /><br />Could a 'fee for appropriate or derivation' of a copyright work be a workable solution that is equitable to all parties? It doesn't inhibit the 'Encouragement of Learned Men to Compose and Write' but gives the original rights owner compensation for use of their work. <br /><br />In short, 'fair use' may have to be redefined in light of modern practice - a fate not rare in copyright legislation.Anonymoushttps://www.blogger.com/profile/13543655523696423731noreply@blogger.com