This article is interesting because it makes me wonder as to how many companies do this with their t shirt deigns and such. In my opinion Gap owes this man money for taking his photo and using it for a profit. They changed the color but they did not take the most identifying feature out of the picture, nor did they look to see if the photo was copyrighted. I believe that this man who took the picture has a valid copyright lawsuit on his hands and Gap is in trouble.
According to the book by Hobbs, the term that fits Gap's best interests would be the use of Transformativeness. This term means to re-purpose a copyrighted material as part of the creative process (Hobbs, 8). One thing about this term though is that, according to Hobbs, the use of this copyrighted material for the same use as what the owner did is a form on copyright if there is not permission given ( Hobbs, 86). If one uses such material then they need to change a big majority of it to make it their own creation.
Good thinking
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