The Los Angeles-based street artist Thierry Guetta, better known as Mr Brainwash, has lost a copyright case involving a 1977 photograph of the punk rock musician Sid Vicious shot by the British photographer Dennis Morris. Guetta had claimed that the seven works he created using Morris’s black and white photograph, including one mural and one collage made of broken vinyl records, were sufficiently altered to be protected by the fair use defence, which allows for the use of copyrighted material for commentary, criticism and parody.
The federal judge rejected Guetta’s claim, saying that “most of [the] defendant’s works add certain new elements, but the overall effect of each is not transformative.” The judge also opposed the argument that “appropriation art per se” should be protected by fair use. As we went to press, the terms of the settlement, including unspecified damages, were being determined.
In 2011 Guetta lost a copyright case to Glen Friedman over his use of Friedman’s photograph of the rap group Run DMC, while last year the estate of the photographer Jim Marshall sued Guetta and Google for the unauthorised use of Marshall’s photographs of musicians. This case has not yet been decided and is due to go to trial in July.
Dr. James Marshall, who revolutionized the music industry as the founder of Marshall Amplification, has passed away on April 5th, 2012 at the age of 88. Fondly referred to as the man responsible for ‘the Sound of Rock,’ a nice remembrance of Jim’s life and achievements in music can be found at This Link.
Guitarist Slash, who had a long professional relationship as well as personal friendship with Marshall offered this statement:
“I consider myself very fortunate to have known the late Jim Marshall. He was such a fantastic individual. Not only did he create the loudest, most effective, brilliant-sounding Rock & Roll amplifier ever designed, but he was a caring, hardworking family man who remained true to his integrity to the very end. His work ethic was unequaled and his passion unrivaled. He took great care of me personally, as one of his loyal fans and Marshall Amp enthusiasts, ever since we first met in the early 90’s. At that time, he did the unprecedented; he had the first-ever Artist Model Marshall series designed for me when my Marshall amps were destroyed in a Guns N Roses concert riot in St. Louis in 1991. We had been friends ever since.
Jim cared for all his customers like they were his family. He would do whatever it took to make sure an artist was completely satisfied and he made sure his staff did likewise. It was very important to him that Marshall quality and customer care was paramount. Jim’s passing marks the end of a very loud and colorful era. From Pete Townshend to Kerry King, Marshall Amplifiers have been behind every great Rock & Roll guitarist since the beginning. Marshall Amplification is one of the most enduring, iconic brands of contemporary music history. This industry will likely never see the likes of Jim again. But his legacy will live on forever.”
Legendary rock and roll photographer Jim Marshall died in his sleep Tuesday night (March 23rd). He was 74. Marshall is best known for his iconic shots of Jimi Hendrix burning his guitar at Monterey Pop, The Who greeting the sunrise at Woodstock and Johnny Cash flipping the bird at San Quentin. He was chief photographer at Woodstock and was the only photographer allowed backstage at The Beatles’ final concert. Marshall had a special affinity with rock and roll artists, as he said himself, “I see the music.”
Jim Marshall had just published Match Prints (a new book by Marshall and fellow photographer Timothy White) and was due to appear at a media event for the book last night at fashion designer John Varvatos’ Spring Street store in New York City. Rip Jim.