Prince vyhral spor nad fotografom, ktorého recycloval



slobodu funrecycleru!.)
http://www.newyorker.com/online/blogs/currency/2014/02/who-owns-this-image.html

“Artists want to be able to reference the known world in their art,” Patricia Aufderheide, the director of the Center for Media and Social Impact, a research center at American University, told me. “Sometimes they are a little puzzled about what they can do.”

Last week, the College Art Association, an organization of about fourteen thousand artists and arts professionals, released a report on the state of fair use in the visual arts. The association commissioned Aufderheide and Peter Jaszi, a law professor at American, to be the principal investigators. They found that most professionals have no idea how to employ fair use. As a result, they wrote: “Their work is constrained and censored, most powerfully by themselves, because of that confusion and the resulting fear and anxiety.”

Based on interviews and an online survey of artists, curators, and academics, the report found that, unlike Prince, most arts professionals assume that permission for using an image must be explicitly granted by the copyright owner, or else the user risks a lawsuit. The authors called this “permissions culture”: editors choose not to publish books that they believe might have prohibitive permissions costs; historians opt to focus on scholarship that will not pit them against the avaricious estates of modern artists; museums delay or abandon digital-access projects; and artists shy away from appropriation rather than make what they believe to be an artistically vital but risky fair-use gambit.