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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”? […]