FAIR, USE CAN LAND YOU if fair use is not understood correctly you will land your self in trouble, and fined with lots of penalties.
After reading Andy Baio article , the quote that I take away from him would be ” if your borrowing inspiration from any copyrighted material, even if it seems clear to you that your use is transformational, you’re in danger”. I agree with him 100%!!! You never know who is going to see your work. It’s solely up to the artist, photographer, author, whomever; if they see your work , and it’s a remake or sample or remix to what they did and come after you legally. You must be careful to dot your I’s, and cross your t’s. Try to always get permission when your actually going publish work. It’s not worth the headache , jail time, or $150,000 fines
In the Richard Prince article the quote that stuck out the most to me was “maybe I’m wrong about the freedom, but I don’t give a shit about being wrong”. I totally relate, and agree. As long as your giving credit where credit is due, and not trying to pass something off as an original concept or idea. Then what’s the problem? The government truly has our creativity in a choke hold.
The laws do need to change. In the constitution theirs your freedom of free speech. Well I would like to remix that, and add freedom of expression, as long as your giving credit to the original inspiration, if the idea wasn’t your own it shouldn’t be that big of a deal. I’m not saying to never have to get permission from the original owner of the work. I just feel the laws should be more flexible.