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Nevertheless, They Persisted (3)

This raises another question broached by Brian Wallis — his assertion that, as a general principle, “comment” automatically constitutes an “alteration” even when said “comment” comprises nothing more than what Mr. Prince acknowledges is “gobblygook” (sic). If even incomprehensible prose inherently represents the activity we call “commenting,” then all speech qualifies as commentary, in which case the “comment” requirement of the “fair use” exception becomes meaningless. […]

Nevertheless, They Persisted (2)

To assess the purpose and character of the Prince Works, I divide the analysis into two parts. First, I assess whether the Prince Works are transformative of Plaintiffs’ Works. Second, I assess whether the Prince Works are commercial in nature. I conclude that (1) the Prince Works are not transformative of the Plaintiffs’ Works, and (2) the Prince Works are commercial in nature. […]

Nevertheless, They Persisted (1)

I have served as an expert witness in Graham v. Prince et al (15‑cv‑10160) and McNatt v. Prince et al (16‑cv‑08896), providing my services pro bono. This included drafting a written statement on behalf of the plaintiffs — responding to a specific set of questions posed by the lawyers for Graham and McNatt — and sitting through an extensive deposition by Prince’s high-priced lawyers. […]

Alternate History: Robert Capa on D-Day (14)

These negatives in the Capa Archive at the International Center of Photography constitute portions of the rolls sent by Robert Capa to John Morris, LIFE magazine’s London picture editor, upon docking at Weymouth, England on the morning of June 7 — in other words, they represent the negatives supposedly “ruined” in the demonstrably mythical darkroom mishap caused by the possibly mythical “darkroom lad” Dennis Banks. […]