Question
Color picture by Don Olson of Glacier Point at Yosemite displaying the moon at a degree of fullness The black and white photograph here was
Color picture by Don Olson of Glacier Point at Yosemite displaying the moon at a degree of fullness
The black and white photograph here was taken by famous photographer Ansel Adams from Glacier Point at Yosemite National Park on September 15, 1948, at 7:03 pm. Astronomers say that the moon appears in this location at this degree of fullness once every 19 years. The color photograph was taken in 2005 by a photographer named Don Olson. In an interview, Olson said that he intentionally recreated the Adam's photo. Assuming Adams' photograph is the subject of a valid copyright and applying those facts and what you have learned about copyright, answer the following two questions.
- Has Olson has copied from Adams and, put differently, does Olson's photograph violate the Adam's reproduction right?
- Professor Moye wants to use the Adams photograph in a photography anthology book onYosemite National Park. She credit Adams, but does not seek a license to use this photograph in the book. Photographic images are normally licensed, and Adam's has licensed this photograph previously for use in other books. Moye's book, however, is published through USC and all proceeds will be donated to the school's alumni associate. Moye's book is also social commentary on the environmental impact of global warming on Yosemite National Park. Has Moye engaged in copyright infringement and, if so, does she have a fair use defense?
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