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Dog Day Afternoons: Bits & Pieces (11)

The Return of Naruto

Surrogates for Naruto, the Indonesian macaque monkey who has become world-famous as a result of using professional photographer David Slater’s camera to generate a set of selfies, have returned to court to press their claim that Naruto holds the copyright to his images. According to his champions (and unknown […]

Cabin Fever 2017: Bits & Pieces (1)

So far as I can tell, though several Instagram followers commented on Jared Kushner’s “booty grab,” Frank Bruni alone made official note of it — and that only obliquely. So you probably read it here first. […]

Getty Images Caught Red-Handed (Again)

It would certainly behoove public-domain image archives, such as the Library of Congress, to demand collectively a forensic inquiry into the inventory of Getty Images and other such aggregators. The Carol Highsmith and Daniel Morel cases, I’ll wager, represent only the tip of Getty Images’ deceptive and illegal traffic in copyright-free images. […]

Alternate History: Robert Capa and Magnum (2)

Staking Out the Claim

In his unauthorized, workmanlike 2003 biography Blood and Champagne: The Life and Times of Robert Capa, Alex Kershaw, describing the motives behind the founding of Magnum Photos, wrote as follows:

“Since 1945, Capa had been active in the American Society of Magazine Photographers. He had eloquently […]

The Photographer and the Painting (5)

Instead of securing licenses for all these replications of other photographers’ works, Sandro Miller relied instead on a legal opinion interpreting the “fair use” exception to the copyright law as covering these restagings. I don’t see how simply replicating a scenario with John Malkovich substituting for the original subject comments in any significant way on the image from which its iconography derives. With all other elements of each image duplicated as faithfully as possible, is Malkovich’s presence in and of itself “transformative”? […]