kind of screwed – waxy.org

Andy Baio cited the Jeff Koons case, in regards to his trouble with Kind of Bloop

This kind of transformation is the foundation of fair use. In a 2006 verdict, the court found artist Jeff Koons’ use of a fashion photo “adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message.”

I don’t think there’s any question that Kind of Bloop’s cover illustration does the same thing. Maisel disagreed.

I think Maisel’s lawyers would cite Cariou vs. Prince.  There are questions, and they are kind of valid.

 

I would have recommend the circled ones; compositionally less dependent on the source image.

TS – paradise

paradise

Thomas Struth
Paradise 2
signed on a label affixed to the reverse
cibachrome print
image: 177 by 226cm.; 69 3/4 by 89in.
sheet: 183 by 231cm.; 72 by 91in.
Executed in 1998, this work is number 4 from an edition of 10.

LITERATURE
Ingo Hartman & Hans Rudolf Reust, Thomas Struth: New Pictures from Paradise, Munich
2002, no. 7301, illustration of another example in colour
Uta Grosenick, Ahead of the 21st Century: The Pisces Collection, Cologne 2002, pp. 168-169, no.
130, illustration of another example in colour