[NiftyFifty]

Since when does the right of the owner shift to the consumer with respect to artistic creation? This sets off all kinds of red flags on all things created. The view is narrow, and lacks a broader view on the scope of artists in particular - namely photographers!

[njharman]

By "owner" are you trying to mean "copyright holder"? and by "consumer" I'll assume you mean "not the copyright holder or licensee".

If yes, then ever since copyright law was enacted. It's called fair use and the public domain. Also note not all artistic creation is actually copyrightable.

[dragonwriter]

> Since when does the right of the owner shift to the consumer with respect to artistic creation?

It doesn't. However, this isn't about rights shifting from the owner of a copyright interests to someone else, its about power to exclude particular uses that the owner of a copyright interest never had (note that statutory fair use is largely a codification of pre-existing case law on fair use which was grounded in the First Amendment, and so generally addresses powers that not only the copyright owner never had under the law, but powers which Congress could not give the copyright holder, because doing so would violate an explicit Constitutional limitation on the powers of Congress.)

[gojomo]

The 'fair use' tests do take the effect on the creator into consideration. It's just not the only consideration.

https://en.wikipedia.org/wiki/Fair_use