Originally posted by Mike:
why can't a recording artist use music that's similar to another but a photographer can mimic another image? |
Photographers can't always either. It depends on the subjective opinion(s) of the judge/jury lucky enough to hear the infringement case, assuming the (possibly) offended party has the economic and legal resources required to bring suit in the first place.
The gray area covering the spectrum from (legal) parody to (illegal) derivative works is wide indeed. |
