Jessica Contrera reports in the Washington Post that
some Instagram account members have found their photos digitally reproduced and
sold to art galleries, link here.
The application of copyright law in these
circumstances seems a bit ambiguous.
It’s more acceptable when there is some kind of “transformation”. But it can be very difficult for the original
photographer to protect his rights in practice, if he cares.
CNN discussed the problem today, May 27, mid
afternoon. I don’t think this is likely to happen to most people in
practice. CNN (art critic Jerry Saltz)
says that the Instagram pictures are in public domain, and that transformation
happens by adding comments. Most of this
happens with portraits of celebrities.
Taylor Swift might have an issue.
Saltz made a comparison to “drone warfare”.
Pictures including existing photos have a potential to
run into problems, although usually they don’t in practice (except in an area
with a no photography sign, like some museums).
But on Vox, Tim Lee writes that copyright law can hamper tinkerers from
repairing their own cars when software is involved, or may hamper independent
auto shops and shoot more repair business to dealers.
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