More on the Clay-David Smith Fiasco
I agree with Sarmiento that the Clay seems more derivative than transformative. If I sold a ¼ scale Andy Warhol poster that was originally a silkscreen, I would hardly expect to get away with it.
I’m also a bit relieved to read that O’Donnell also notices that the Cariou decision makes it hard to find infringement. Writing on the recent Calder Foundation and Lauren Clay situations, O’Donnell opines, “If Prince puts no onus on the artist to proffer the new critical meaning, don’t both survive infringement claims?”
O’Donnell also has additional thoughts on the Calder situation.