17 Feb 2021, 21:37

@davidhohn Personally I do side with the photographer on this one regarding it being a derivative work. But I'm a bit alarmed about some of the things in the case. Like potentially tattoo artists having to give credit to the photographer and tattooing the copyright notice under it. Like if it was printed in a magazine/newspaper! I think that's going a bit too far.

I think it being on skin isn't transformative enough because it's not the surface that makes the creation transform as she's still copying the same pose from the photograph. If I painted that image on the side of a brick building as a spray paint mural, that would be a difficult task. But I still think i'd need to pay a license to use it. Or at least change the pose and composition.