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|| SportsShooter.com: Member Message Board
Copyright...we have a winner
Nicholas Von Staden, Photographer
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Pompano Beach | FL | USA | Posted: 11:32 PM on 06.23.11 |
| ->> Jay Maisel is the winner in this case...but the sad part of the story is the sore looser still thinks he is right to use the photo!....http://gizmodo.com/5814820/kind-of-a-dick-move |
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Michelle Hedstrom, Photographer
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Arvada | CO | US | Posted: 11:58 PM on 06.23.11 |
| ->> What's interesting to me is that the loser in the case paid for the rights for all the songs he used, but then thought (and apparently still thinks) it's ok for him to use the cover art without paying. Although he did pay, but doesn't think he should've had to. /boggle. |
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Mike Huffstatler, Photographer, Assistant
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Rancho Cucamonga | Ca | United States | Posted: 12:11 AM on 06.24.11 |
->> I thought exactly the same thing Michelle. I was going to leave a comment stating exactly that, but it appearrs that comments are closed. The author and buddy of the "artist" just doesn't get it either.
Bravo to Jay for agressively defending his copyright! I'm sure it would have much cheaper for the guy to simply license the photo in the first place. |
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Jason Myers, Photographer
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West Palm Beach | FL | USA | Posted: 12:34 AM on 06.24.11 |
| ->> Very nice...I thought this was the case I read about today released by PDN which was another copyright victory for the photographer. Long way to go, but good to see it. I'm sure this guy would love it if one of his articles was plagiarized but slightly edited. He'd be lawyered up with another attorney who would get paid also. |
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Baron Sekiya, Photographer, Photo Editor
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Hilo | HI | USA | Posted: 3:22 AM on 06.24.11 |
->> They must have printed out the cover art for CDs or embedded the art into the MP3 songs or something. Had they just used the artwork on the website they would have gotten a DMCA takedown notice, taken it down and it would have been done with. The problem was probably that artwork was already distributed by the time Maisel pursued legal action.
I've issued DMCA takedown notices myself several times since the web is a different animal and things can be removed, unlike printed material. Same thing if someone type the lyrics to a Rolling Stones song in a comment area, copyright violation and if someone complains it's best to take it down.
I think it was a 'dick move' on the part of the Gizmodo author but then again Gizmodo isn't exactly known for doing the right thing. But I must admit if they find an iPhone 5 on a bar stool, take it apart and post it on their website I'm probably going to take a look. |
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Michelle Hedstrom, Photographer
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Baron Sekiya, Photographer, Photo Editor
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Hilo | HI | USA | Posted: 4:02 PM on 06.27.11 |
->> Okay, I just watched this video online. I admit I love the Black Keys music, dig Cage the Elephant and have loved a lot of the poster art the Black Keys have put out but as you see from this video the world of our photographs has become a clip-art book and I'm not a newbie, I've understood this for a long time.
Now some of the art is very stylized beyond recognition of original art into block graphics but where is the line drawn? Had one of the images been Maisel's work would the fact that it's an iconic image pushed it over the line where one of our images would not have?
The images used aren't exactly 'iconic' but I haven't seen everything this shop has put out, only this one example.
Watch a pro at work designing a poster with help from the clip-art world of Google image search.
http://vimeo.com/25442535 |
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Andrew Fielding, Photographer, Photo Editor
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Denver | CO | USA | Posted: 7:26 PM on 06.30.11 |
->> Why do people think that just because they paid music licensing fees they don't have to pay photograph licensing fees. Seriously this guy is an idiot.
Another reason why Gizmodo is not a professional news or even a reputable blog. |
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Butch Miller, Photographer
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Lock Haven | PA | USA | Posted: 12:42 PM on 07.01.11 |
->> What bothers me is what I have seen commented on other forums ... fellow photographers ... showing varying degrees of support for Baio ... and joining in with the condemnation of Maisel ... that I don't get ...
While I can understand that there are those among us working in this field of endeavor could consider what was done with the image as possibly being covered under Fair Use ... I can't fathom why some who also earn their living by judiciously tripping the shutter release, can't admit that Jay was well within his rights to protect his works ... regardless of the station or monetary worth of those involved ... It's just plain class warfare to assume that because Maisel is perceived as to be wealthy and Baio is a poor starving artist ... when, in fact, both incorrect and inaccurate perceptions ...
By NY standards, and for a fellow who has been at the top of this game for decades serving many Fortune 500 companies, Meisel leads a modest life, all things considered ... and Baio sold a company to Yahoo for an undisclosed amount (you normally don't withhold sale prices because they are considered too low) ... Instead of going to Kickstarter to raise the funding ... Andy should have just underwrote the entire project and distributed it for free ... it certainly would have been much less expensive more likely to withstand a Fair Use defense ... and to think Jay was getting rich quick on $32K after legal expenses with taxes what they are in NYC is also absurd ...
If Maisel was truly a "Dick Extortionist" ... he would have held out for considerably more .... |
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Israel Shirk, Photographer, Assistant
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Boise | ID | US | Posted: 1:07 PM on 07.01.11 |
->> Baron-
Here's a really layman's analysis of the black-eyed peas video:
Purpose and character:
It is transformative... Transformative applies when older works of art are part of the process of creating new works of art, where derivative works are simply changing the older work. Copying large chunks of a piece, and then down-rezzing then up-rezzing (the original post) does not add anything new to the public knowledge or understanding of the arts, thus it is not transformative. In this instance, you can not recognize the original image or images from the transformed work.
Nature of the copied work:
A Non-fictional work was used to create a fictional work. The likeness used of the amps, etc was not the photographer's take on the amp, but the likeness of the original amp. The hands might push the boundary here a little, but they're transformed beyond recognition.
Account and Substantiality:
The amount of the photographers' artistic merit which was conveyed in the final work is minimal. The posing of the hands on the wagon does carry straight over, but it does not take the entire work, only a gesture of it, and this is transformed well beyond recognition. Copying of poses is almost a constant in art, and there are rarely any "new" poses. The character of the hands is dramatically changed as well, and the wagon is simply a new artistic rendering of a popular red wagon.
Effect on the work's value:
The work used by the poster does not negatively affect the value of any of the works used in the creation of the poster.
(interpretations borrowed heavily from here: http://en.wikipedia.org/wiki/Fair_use)
So my point is to say that fair use isn't some black box that you can't understand - you can just go over the factors considered and see how they affect the judgement. Obviously it's subjective, and interpretation would depend on the judge you're working with if you do get into a court situation. |
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Israel Shirk, Photographer, Assistant
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Boise | ID | US | Posted: 1:08 PM on 07.01.11 |
| ->> Pardon the first line there... Still feeling the wedding yesterday... |
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Baron Sekiya, Photographer, Photo Editor
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Hilo | HI | USA | Posted: 9:14 PM on 07.01.11 |
->> Yes Israel, you should NEVER get the Black-Eyed Peas confused with the Black Keys. :)
I think the Black Keys poster work is fine but when inexperienced (i.e. with copyright law) graphic artists have examples like this video you can see why many folks don't see the difference when sampling (which is what it should be called like the music industry) a photographer's work.
And you're right, the only way these things get settled is on a case-by-case basis in court. |
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David A. Cantor, Photographer, Photo Editor
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David A. Cantor, Photographer, Photo Editor
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David A. Cantor, Photographer, Photo Editor
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Toledo | OH | USA | Posted: 5:40 PM on 07.14.11 |
->> Jay and his crew are rebuilding his FB page so if anyone would like to right that ship you can hit it with a Like on FB and repudiate those folks who seemingly don't know any better...
and here is a very good summary of the law in the case:
http://tinyurl.com/6a5jqmh |
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