RE: Leaf Art

From: Scott Warner <SgWarner[_at_]gsblaw.com>
Date: Wed, 25 Jun 2003 16:18:34 -0400

I would be very interested in the case referenced. I have looked for some time re cases on this topic and related ones, etchings, etc., to no avail. So, if you know of one or more, please send it/them along.          

Regards,  

Scott G. Warner
sgwarner[_at_]gsblaw.com <mailto:sgwarner[_at_]gsblaw.com>   

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-----Original Message-----
From: Keith Tabor [mailto:ket354[_at_]yahoo.com] Sent: Tuesday, June 24, 2003 10:16 AM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Leaf Art

I heard a story on NPR this morning regarding an artist who transposes photographic negatives onto leaves using the sun and the leaf's natural processes.

You can get a better description and see some of the art at:

http://www.npr.org/programs/talkingplants/features/2003/danh/index.html

Thanks to my participation on this list (and lingering bits from Janicke) I couldn't enjoy the story at all after I heard that he uses photos from magazines and off the web for his work, as opposed to his own photos. So, this got me thinking about the case about tiles in New Mexico, and its counterpart in another circuit whose facts escape me, and the fact that what he is doing may be considered copyright infringment in certain parts of our fair country.

But what is it? Would he really be infringing in some circuits?

Is his work sufficiently "transformative" and does that matter? What is the test for this?

keith

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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Thu Jun 26 2003 - 00:18:34 GMT