In response to the fanciful notion that the appropriations have somehow improved the market value of the works in question, it seems no less plausible to me that the precedent set by the court’s approval of Mr. Prince’s usages would encourage others to follow his example by appropriating these and other works by these photographers, thus devaluing not only these two images but putting at risk the entirety of their creative output. […]
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This raises another question broached by Brian Wallis — his assertion that, as a general principle, “comment” automatically constitutes an “alteration” even when said “comment” comprises nothing more than what Mr. Prince acknowledges is “gobblygook” (sic). If even incomprehensible prose inherently represents the activity we call “commenting,” then all speech qualifies as commentary, in which case the “comment” requirement of the “fair use” exception becomes meaningless. […] As I’ve done previously, I’ll discover/rediscover my purpose through the daily practice of my craft. Along the way I’ll find the answer to this question: What does an octogenarian writer have to say? […] |
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Nevertheless, They Persisted (1)
I have served as an expert witness in Graham v. Prince et al (15‑cv‑10160) and McNatt v. Prince et al (16‑cv‑08896), providing my services pro bono. This included drafting a written statement on behalf of the plaintiffs — responding to a specific set of questions posed by the lawyers for Graham and McNatt — and sitting through an extensive deposition by Prince’s high-priced lawyers. […]