tag:blogger.com,1999:blog-5764290.post414528642307385333..comments2024-03-22T08:01:16.236-04:00Comments on Rebecca Tushnet's 43(B)log: Look upwardUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5764290.post-36141250016932309002009-11-07T11:10:25.328-05:002009-11-07T11:10:25.328-05:00A zillion years late on this one: maybe the Roman ...A zillion years late on this one: maybe the Roman who did this statue of Constantine a millennium and a half ago should sue:<br /><br />http://en.wikipedia.org/wiki/File:Rome-Capitole-StatueConstantin.jpgSarah T.noreply@blogger.comtag:blogger.com,1999:blog-5764290.post-57174905480670688672009-10-23T10:41:02.740-04:002009-10-23T10:41:02.740-04:00I find it hard to believe that these two photos wo...I find it hard to believe that these two photos would be considered "substantially similar"--though I guess, absent the "cloudy background" they could be. The pose is so generic it makes me want to say scenes a faire, but I won't. <br /><br />It seems clear (to me), based on the context in which the second picture ("Going Rouge") is placed, that this cover is a comment on (a parody of?) the first. (Note: Rebecca, I think this would fit into a use the copyright owner may not want to license--and thus may have a strong argument against market harm. Incidentally: Thanks for your post on that issue the other day!) If there is a lawsuit, what are the odds the court frames the question in terms of copyright's distaste for protecting trademark-like rights (e.g., dilution-based claims of criticism).Anonymousnoreply@blogger.com