kenyatta:

Photographer Jay Maisel Threatens To Sue Over Pixel Art of Photo

Last year, I was threatened with a lawsuit over the pixel art album cover for Kind of Bloop. Despite my firm belief that I was legally in the right, I settled out of court to cut my losses. This ordeal was very nerve-wracking for me and my family, and I’ve had trouble writing about it publicly until now. […]

In practice, none of this matters. If you’re borrowing inspiration from any copyrighted material, even if it seems clear to you that your use is transformational, you’re in danger. If your use is commercial and/or potentially objectionable, seek permission (though there’s no guarantee it’ll be granted) or be prepared to defend yourself in court.

Anyone can file a lawsuit and the costs of defending yourself against a claim are high, regardless of how strong your case is. Combined with vague standards, the result is a chilling effect for every independent artist hoping to build upon or reference copyrighted works.

Please read Andy’s original post about transformative works, why he settled, and how much it would have cost for him to fight it. 

Also see Illegal-Art.org