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  • Jul 11th, 2011 @ 11:47am

    Re: Re: Re:

    One could definitely argue that because Apple controlled essentially all of elements of artistic expression (lighting, position of the camera, position of the subject within the frame, iso, shutter speed...) that make a photograph unique and McDonald's program was more or less a timer, Apple is the rightful owner of the copyrights in the images.

  • Jul 11th, 2011 @ 11:38am

    Re: Re: Creepy!

    Your statement that they are free to do what they wish is not accurate.

    Use of someone's likeness without their consent could result in an appropriation claim. That's why, when you watch reality tv shows, people who don't sign waivers and releases are blurred out.

    A defense to the claim of appropriation is consent, whoever, these individuals were on private property and did not expressly consent to be a part of Mr. Kyle McDonald's project. With respect to implied consent, I'm not sure a judge would side with McDonald if an individual brought a claim. Because the mall and the Apple Store are private property and McDonald did not himself have consent to photograph, the individuals photographed may not have had the requisite authority to consent (implied or otherwise) to be photographed by McDonald.

  • Jun 6th, 2011 @ 11:33pm

    Re: Study by Harvard Professors show piracy losses over stated

    On page 16, the study said that the typical displacement rate for the music industry is 20%.