Court case seeks to clarify that photographers don't need permission to publish pictures that incidentally capture public works of art

Hmm, no. I can see situations where it’s just one grumpy person.

Suppose that there’s a particular line-of-sight to some famous building / monument / something nice, and many people take shots from that place or even make commercials.

At the end of street is a house, which is always in shot with the building / monument / something nice looming in the background. The grumpy person who lives there puts up a crappy piece of artwork on the front of his house, and then claims copyright violation against anyone who takes that classic shot, now with his artwork, fires DMCA take-down notices everywhere, lawyer letters demanding payment.

That person has just claimed a chunk of the public commons.

With corporations, imagine a company putting up a big f-ing billboard, and then expecting payments for use of “their” chunk of the skyline.

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