Tbh insofar as the problem is the specific image used - recreating the shot with a reenactor doesn’t fix the problems with the model wanting their likeness to not be used for this purpose (and probably with the way some states are going could be considered protected itself, eg the Elvis act in Tennessee), and even opens up the argument that this itself is re-victimization and harassment (eg analogous to CSAM image arguments).
It also fundamentally doesn’t fix the problem with it just being kind of a horny selection of an image in the first place, which is the other half of the complaint.
I’m not saying it’s something that keeps me up at night personally, other than it just being generally a little tasteless. But for those who do argue against the use of Lena, it really satisfies none of the arguments other than the purest copyright one (and it may not even be legal to use in all jurisdictions because of personal likeness concerns anyway).
If you’re gonna get new material, get new material. Not just Legally Distinct Lana.
It also fundamentally doesn’t fix the problem with it just being kind of a horny selection of an image in the first place, which is the other half of the complaint.
I’m not saying it’s something that keeps me up at night personally, other than it just being generally a little tasteless. But for those who do argue against the use of Lena, it really satisfies none of the arguments other than the purest copyright one (and it may not even be legal to use in all jurisdictions because of personal likeness concerns anyway).
If you’re gonna get new material, get new material. Not just Legally Distinct Lana.