Sunday, March 18, 2012

Another view of the legal arguments that the Pinterest model has generated. Interesting.

It could also be argued that a photographer should watermark his or her images to avoid misattribution, but that is like telling a painter to stick a post-it note in the middle of a canvas saying “this is mine.” However, even if both of those things occurred, this photographer who wants people to buy his or her unique image is now faced with a market saturation of his or her own product, and the demand to purchase the image could go down. Similarly, misattribution or lack of attribution dilutes the brand of that artist, which could devalue the work. Either way, that artist did not make the choice to have his or her image used, whether it is attributed or not, and the argument for damages could be made.

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