Did Polish Journal Steal Hitler Image from Designer?

Courtesy of Brain Pickings.

This is an interesting example of idea vs. expression. Did the Polish journal, Przekrój, infringe Israeli illustrator Noma Bar’s design? Przekrój’s version was designed by Daniel Horowitz, who allegedly did not obtain permission from Bar. We can certainly see a strong argument that Horowitz’s version is a derivative of Bar’s, and thus not fair use (at least under U.S. Copyright law). What do you think?

Via Brain Pickings.