Jay Maisel Sues over Fair Use

[Rentham]

Daring Fireball Linked List: Kind of Screwed

Long story short: Guy makes 8-bit (think Nintendo graphics) version of Miles Davis album cover photographed by Jay Maisel. Uses it for his own music project under assumption that it's fair use. Maisel's people sue for a ton of money, guy has to settle for $32k because it can't afford to fight it out in court.

Thoughts?

I feel bad for the dude, but I don't see the cover as being fair use in any regard.

[Jim Bryant]

Originally Posted by Rentham

Daring Fireball Linked List: Kind of Screwed

Long story short: Guy makes 8-bit (think Nintendo graphics) version of Miles Davis album cover photographed by Jay Maisel. Uses it for his own music project under assumption that it's fair use. Maisel's people sue for a ton of money, guy has to settle for $32k because it can't afford to fight it out in court.

Thoughts?

I feel bad for the dude, but I don't see the cover as being fair use in any regard.

Nope, don't feel bad at all. Stealing is stealing. It's the only way to educate those who think that just because it's posted on the web, it's free. As I have often told my kids, "nothing in life is free".

[High_Speed]

Any idea where we can see the kids "work?"

nevermind, found it! http://gizmodo.com/5814820/kind-of-a-dick-move

[Jim Bryant]

The younger, computer savvy generation is nothing but a bunch of spoiled brats. I put stealing images in the same category as downloading movies and songs without paying.

I'm not so sure this is "stealing" as it is "tributing".

[Jim Bryant]

Originally Posted by maxharvard

I'm not so sure this is "stealing" as it is "tributing".

Does it make a difference? Look at the flap over the Obama image that Manny Garcia took and then have that San Francisco lift it to make posters and t-shirts.

Originally Posted by Jim Bryant

The younger, computer savvy generation is nothing but a bunch of spoiled brats. I put stealing images in the same category as downloading movies and songs without paying.

And the older generation is nothing but a bunch of hypocritical whiners saying "Nothing is free!" one minute and screaming "Where's my Medicaid and SS check!" "Where's my senior discount!" "I'm old...gimme, gimme, gimme!" the next.

[i speak in math]

Originally Posted by Jim Bryant

Does it make a difference? Look at the flap over the Obama image that Manny Garcia took and then have that San Francisco lift it to make posters and t-shirts.

Yes, in this case, he created his image cover by hand, himself, from scratch -- inspired by and while viewing a separate photograph taken 50(?) years ago.

This is definitely fair use and not stealing.

[High_Speed]

Originally Posted by Photoboothguy

And the older generation is nothing but a bunch of hypocritical whiners saying "Nothing is free!" one minute and screaming "Where's my Medicaid and SS check!" "Where's my senior discount!" "I'm old...gimme, gimme, gimme!" the next.

He's got a good point....

[Niresangwa]

Originally Posted by maxharvard

I'm not so sure this is "stealing" as it is "tributing".

This. It's one thing to make a point over infringement for the purpose of educating the masses, it's another to take every penny this kid has for his parody.

The best part is the photographer's facebook page... he's getting pounded.