@davidhohn Ooh yes I guess the parts of the video I found most relevant were from the 41 minute mark onwards, where she was talking about all the cases of photography on social media I hadn't considered before -- like when the original poster's account has been removed/privated, the original poster can't be found, the model can be identified but the photographer can't, indigenous and tribal photography where often neither the models nor the photographer can be identified, etc. I thought perhaps tattoo artists run into this a lot, and maybe that's why some of them stop trying to find sources altogether (although of course, they shouldn't). And thanks for mentioning that the poster's understanding of copyright law isn't correct in places...that's not good š I really appreciate you watching the video and letting us know what you think!
And I think it's also worth noting that she mentions the reason that citing photographers seems to be so difficult on instagram is because other people don't think of some sorts of photography as "art"...so others don't cite it...and then yet others don't cite it...and so on with the vicious cycle. It's definitely a cycle I'd love to see stopped, so if cases like this Miles Davis one bring that to public attention, then that's a great result to come out of it.
Admittedly, the case of Kat Von D, like I mentioned before, is a different one, where she could have cited the photographer. The reason I empathize is because I was wondering if maybe the reason she included the original photograph in her post with the tattoo was a standard practice she had to make sure her audience knows she wasn't the originator of the tattoo art. Getting permission from the photographer, of course, would be miles better. And as I understand it from your earlier post, even just creating a tattoo straight from a photograph without permission is copyright infringement.
And that's a shame about the Orphan Works bills -- I read what you attached and that's very worrying...
