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Is Appropriating an Appropriated Image Illegal?

lich3The band Elsinore recently received a letter from the Lichtenstein estate, claiming their album cover art by Brittany Pyle violated copyright by adapting Roy Lichtenstein’s “Kiss V.”

Of course, “Kiss V” itself was adapted from a comic book snippet (like most of Lichtenstein’s work).

lich2Above: Elsinore’s ablum art by Pyle vs. Lichtenstein. Below: Orignal source material vs. Lichtenstein. It’s this original comic book snippet that Pyle used for an appropriation college painting assignment to make the artwork. Comparably, Pyle’s crying girl resembles the source material much more than Lichtenstein’s pop art. If Lichtenstein was alive, would he even care? |ClanCo|