Originally posted by noblepa As a non-lawyer, I would say that almost any use, without attribution, constitutes at least plagiarism, if not legal copyright infringement. Without attribution, there can be no claim of fair use.
"Plagiarize!
Let no one else's work EVADE your eyes!
Remember why the good lord MADE your eyes
And plagiarize, plagiarize, plagiarize!
(But be certain always to call it, RESEARCH.)"
--Tom Lehrer
Fair use. Copying. Emulation. Re-imaging. How close must the copy be, to be theft? We have Sherrie Levine, who photographs existing photos (at magazine-level IQ) and presents her copies as her own work, but with no pretense of originality. (Her goal: images that look like newsmagazine reproductions.) The original photos may be of human forms in poses copied from classical sculpture. Theft?
We have photographers who stage and shoot scenes based on prior images. We have living actors who portray famous paintings or photos or statues, or Garfield cartoons, or other actors. We have statuary portraying famous photos (remember the Iwo Jima flag-raising image?) We have snapshooters in Yosemite trying to copy scenes shot by Ansel Adams. We have zillions of generations of art students at easels in galleries, painting copies of famous works. We have Andy Warhol turning newspaper photos into photos. We have software that converts photos into Warhol-style posters. We have endless ironic variations of the famous cubic LOVE image, or la Virgen de Guadeloupe in a bikini or Zapatista mask-and-AK47 or strange sunglasses or robotic body. We have zillions of silkscreened t-shirts bearing (in)famous images. We have endless mash-ups. Et cetera.
Suppose I acquire many of 8540tomg's photos. With one, I make color separation transparencies, and use a gum bichromate process to create a false-color 3-D relief 'print'. It is obviously not the original. With another, I flip and crudely posterize it, maybe adding text, and print it in dayglo ink on fuzzy velvet. It is obviously not the original. I take a batch of his photos and use photo-mosaic software to construct a Chuck-Close-type assemblage, maybe pornographic. The originals are there, but reduced and reimaged and quite overwhelmed by the new context. I take another, and run it through a kaleidoscope filter, or a wavy-distortion filter, or a toy-camera filter, or a pencil-sketch filter. I take another, showing a number of people, and replace all the visages with Smiley Faces or swastikas or animal heads. Et cetera.
Many images, many transformations, obviously not the originals. Are these illegal copies, or fair use (with or without attribution), or imaginative homages? Suppose I used famous classical paintings instead of 8540tomg's photos, so famous that there is no implication that I created the originals. Must I supply attribution? Can I lie about the attribution with famous originals but not unknown ones? (Sorry, 8540tomg, you're not famous yet.) Can standards be codified?
Like I said, IP is a morass. All the rules will keep lawyers employed for a long time.