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June 24, 2011

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Detroit Mac

As an illustrator, I face the same problem with copyrights and image reusage. However, Picasso is quoted as saying: "the difference between plagiarism and genius - is you cannot tell where the genius is stealing from." This is a good rule to follow when in doubt.

2fs

Reusage should be unrestricted in noncommercial environments, and presumptively allowed in commercial ones (with a strong burden of proof on the "original" artist that the reuse of the image contributes to the reuser's cashflow) - but credit should always be given where practical. (Something like Girl Talk...credit's not so practical, because there are thousands of borrowed items...but this cover is a simple case: credit the original photographer and designer as source & inspiration.)

C_Stei

c'mon...a clear case of plagiarism...take somebody else's work and overly pixilate? I would sue

JimS

Detroit Mac: where did you find this quote? An apocryphal variant ("Good Artists Borrow, Great Artists Steal") has long been in circulation, which in turn is a distortion of a quote that's traceable to T.S. Eliot:

http://nancyprager.wordpress.com/2007/05/08/good-poets-borrow-great-poets-steal/

Regardless of provenance, pretty different meaning though, no?

C Stei: Not clear to me at all- seems like a significant transformation (even if it is a simple one). You would sue? Do you think photographer Jay Maisel lost money because of this cover? That IS a major consideration in determining Fair Use.

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