Copyright Disputes Over Reshared Photos on Instagram by Photographer
In the world of art, the concept of transformative use has become a significant talking point, particularly in the context of copyright infringement cases. This principle, rooted in U.S. copyright law, allows artists to incorporate other people's work into their own creations, provided the new work is significantly different from the original.
Richard Prince, a renowned photographer, is a prime example of this doctrine in action. In a high-profile case, Prince took photographs from his Instagram feed and transformed them into art without seeking the owners' permission. Initially, he faced a copyright infringement lawsuit, but the court eventually ruled in his favour due to the material transformation he made to the photos. Prince crudely drew over 25 of the original images, changing their purpose and meaning, thereby meeting the transformative use standard.
However, in a more recent case, the court's decision is less likely to favour Prince. The case revolves around a photograph of Rasta, where Prince did not significantly alter the original before using it in his exhibit. This lack of transformation may not meet the transformative use standard, potentially leading to a different outcome in court.
The transformative use standard is not a one-size-fits-all concept. It requires the new work to add new expression, meaning, or message to the original photo, and should not merely copy or supersede the original. The new work should provide a different purpose or character, and should not harm the market for the original work.
This qualitative assessment of new meaning and context is demonstrated in the case involving Prince and his use of Patrick Cariou's photographs. Initially, the court ruled against Prince, indicating that significant transformation is required for fair use to apply. However, later rulings clarified that substantial alteration can qualify if the new work gives the original a new meaning or message.
The transformative use doctrine is not limited to traditional art forms. In the digital age, understanding its intricacies is essential, especially in relation to AI-generated content. The question of whether animals can own copyright to their selfies, as in the case of the 9th US Circuit Court of Appeals considering a lawsuit brought by PETA, highlights the evolving nature of copyright law.
In conclusion, when using other people's photos in your art, it is crucial to significantly modify the original to give it a new aesthetic, meaning, or commentary that distinguishes it from the original. This transformative use is not only a legal necessity but also sets the level of audacity for appropriating other people's photos, as seen in the influential case of Richard Prince.
Artificial intelligence could potentially generate art that incorporates other people's work, and to avoid copyright infringement, it must ensure the new AI-generated art significantly differs from the original, adding new expression, meaning, or message, demonstrating a qualitative transformation. The concept of transformative use, expanding beyond traditional art forms, will continue to be crucial in the digital age, where AI-generated content is increasingly prominent.
