This recent case supporting artist Jeff Koons transformation of advertising photographs into artisitic commentary makes a fine cautionary tale. Reports that the right to create such works are under assault from DRM have been much exaggerated.

One aspect of the problem is the conflusion of the right to create transformative works, with the technical power to do so with the click of a mouse. The right (as defined in this case and others like it) cannot be eroded by a technology (though it might be waived by contract). Even images DRM'd to the teeth can be printed out and scanned in or recorded again, free of DRM and free to transform. Or copied freehand. But this takes a modicum of effort and perhaps even talent. God forbid that participation in artisitic creation should require either effort or talent. The result might even be... shudder.... worth paying for.

posted by Solveig Singleton @ 8:56 AM | Access: Commons, Fair Use, Orphan Works, Public Domain, Art

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