The photograph I have chosen to discuss this week is by Jay Maisel. It is a photograph of Miles Davis that was used for the album “Kind of Blue“. The image is in the news because it was appropriated by Andy Baio and used on the album “Kind of Bloop” an 8 bit remix of the original album. Although Baio admits to seeking out licensing for music and everything else for the project, he admits to not doing this for the image stating that it was his “firm belief that I was legally in the right”.

This brought on a law suit over copyright infringement and Baio settled out of court for $35,000.

Original photograph by Jay Maisel:

Miles Davis By Jay Maisel

Original Cover Art by Jay Maisel:

Original cover art by Jay Maisel

8 bit version and cover art by Andy Baio:

Andy Baio cover art based on Jay Maisel's photo

I have been reading this story for about a week now and I’m surprised by some of the responses I read. From street artists reacting against Maisel to people laughing at Andy’s proclaimed ‘ignorance of infringement’. I’m very interested to hear and read what our community feels.

I personally feel that copyright is there to protect everyone. If I take a picture of some cover art from the 50′s, colourize it, enlarge it, and call into question the lack of technology that is used to make the original piece, it is still an image based on the original, not derivative.

Without the original there would not have been a copy.

I repeat: WITHOUT THE ORIGINAL – THERE WOULD NOT BE A COPY

Here are some more links regarding this story:

The Russian Photo Blog

Andy Baio’s view

The Tech Dirt

PFSK

Also in similar copyright news:

Richard Prince ordered to destroy lucrative artwork in copyright breach

Theirry Guetta, aka Mr. Brainwash sues for copyright

A great essay about plagiarism:

Obey Plagiarist Shepard Fairey – A Critique by artist Mark Vallen

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Written by: syx on July 3, 2011.

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