Duncan Davidson, a photographer I've admired for years (he's one of the guys behind the dailyshoot project), wrote up a fantastic description of the recent Kind of Bloop/Blue photograph copyright brouhaha. A photographer, Jay Maisel, takes an iconic photograph of Miles Davis. It's an amazing photograph. It's used for the cover of Davis' Kind of Blue album. Wonderful stuff.
[caption id="attachment_4951" align="aligncenter" width="530" caption="Pixel-art image by Andy Baio. Photograph by Jay Maisel."]
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Fast forward a few decades. Musician and artist Andy Baio releases an album of chiptune music, and creates some cover artwork inspired by Maisel's photograph. He doesn't directly use the photograph, and doesn't simply manipulate the photograph. He essentially creates a new pixel-based drawing based on the photograph. It's a completely new work, painstakingly created in a different medium, inspired by the original. Maisel basically threatens to sue the bejeezus out of Baio, but he's willing to settle for a comparatively mild ass-raping. Maisel's a majillionaire photographer, with resources to burn on law-talking-guys. Baio's just a guy making stuff for fun.