Go, Read: Gary Tyrrell on Jeff Rowland’s Use of John White’s Owl Imagery

Gary Tyrrell takes a walk through a new, baby-steps cease-and-desist action apparently taken by the photographer John White against the cartoonist Jeff Rowland concerning Rowland's use of a popular, widely-disseminated image of White's on a piece of merchandise. Tyrrell makes all the smart disclaimers, for one thing, on things like timing and easement, and I think his general perspective on the issue comes pretty close to matching my own. For one, I think we would find common ground in his notion that the transformation the imagery undergoes is probably a key factor here, or at least should be.

I might break with Tyrrell a bit in that I believe there's some room to explore the notion of differences between expression through a product and expression through what we more commonly see as a work of art. If Jeff Rowland used the image in a story, I can't imagine anyone thinking that the use of the imagery were endorsed (just as its re-publication here wouldn't suggest I have a contract with White, I don't think). However, used on a product, I can see how someone might think this constitutes an implicit endorsement. Mostly, though, this is one of those nest of hornets, and I find it unfortunate when people in comments sections or on related sites suggest these kinds of stories are simple and can be summed up through a strident, summary declaration of values.
 
posted 3:26 am PST | Permalink
 

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