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Thread: Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

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  1. #1

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    Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

    The massive disconnect here is astounding, and it doesn't bode well for the future. The internet's top digerati are defending the thief and mad at the victim for sticking it to him.

    Truly bizarre. Jay Maisel won the case but if this is how the "smart people" are thinking, we're screwed.

    TOP has the best summary:
    http://theonlinephotographer.typepad...f-screwed.html

    Here is the perp's self-rightous blog: http://waxy.org/2011/06/kind_of_screwed/

    He helped start Kickstarter, an irritating web service that whiners use to beg money.

  2. #2
    Unwitting Thread Killer Ari's Avatar
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    Re: Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

    That he has the nerve to cry foul (i.e. "But, your honour, I didn't know I'd get caught"), and ask on his blog (rather innocently) "Where do you draw the line?" is even more disgraceful.
    But that's where we are with the internet; the onus falls upon the creator of a work to make sure he/she is not being plagiarized.
    Otherwise it's fair game for anyone.

  3. #3

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    Re: Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

    My question is, how did Jay find out his image had been stolen?
    Real cameras are measured in inches...
    Not pixels.

    www.photocollective.org

  4. #4
    Unwitting Thread Killer Ari's Avatar
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    Re: Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

    Quote Originally Posted by dsphotog View Post
    My question is, how did Jay find out his image had been stolen?
    It's a famous photo (cover of a landmark jazz album) by a well-known and very well-established photographer; it was inevitable.

  5. #5
    Mike Anderson's Avatar
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    Re: Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

    Quote Originally Posted by Ari View Post
    That he has the nerve to cry foul (i.e. "But, your honour, I didn't know I'd get caught"), and ask on his blog (rather innocently) "Where do you draw the line?" is even more disgraceful....
    I think "Where do you draw the line?" is a fair question. In that series of increasingly pixelated pics, personally, I say #7 is fair use, #6 is not. That's where I'd draw the line as a layman on the jury.

    ...Mike

  6. #6

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    Re: Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

    Quote Originally Posted by Frank Petronio View Post
    The massive disconnect here is astounding, and it doesn't bode well for the future. The internet's top digerati are defending the thief and mad at the victim for sticking it to him.

    Truly bizarre. Jay Maisel won the case but if this is how the "smart people" are thinking, we're screwed.
    Quote Originally Posted by Ari View Post
    That he has the nerve to cry foul (i.e. "But, your honour, I didn't know I'd get caught"), and ask on his blog (rather innocently) "Where do you draw the line?" is even more disgraceful.
    Some rather strong words being thrown around here...

    Well, apparently the guy did go all out and acquired all of the other rights associated with the project - he just did not clear the rights to an image.

    Upon reading through the entire thing, it definitely does NOT sound like an intent to steal. If anything it DOES sound like:

    a) A confusion between "derivative" and "transformative" concept on Any's part. Whether he was right or not we will never find out, because he committed a basic mistake of testing the boundary without having enough cash to see the entire fight through. He settled, which is neither here nor there, but just a legal form of extortion.

    b) A mean-spirited approach by Jay himself. Given the extent to which Andy went to correctly handle and attribute all the other rights, would it really be too unreasonable to approach him directly and try to settle the matter without the vultures (lawyers)? Either deny the right to use or make a fair settlement.

    But no, he "felt violated that his image was pixelated" (sic!) so he decided to send a hit squad and extort somebody's annual salary from the guy.

    My bottom line:

    Andy might really be completely mistaken, but it still feels like an honest mistake rather than illicit intent.

    Jay may be completely legally right, but his entire approach feels anything but morally correct.

    Until yesterday, both of them were completely annonymus to me, but after reading all of this, I wish there were more people like Andy doing business on the 'Net (as opposed to the likes of Zuckerberg et al) even if they did make honest mistakes here and there.

    I also wish there were fewer mean-spirited and shallow-minded "celebrities" like Andy who don't think twice about squashing somebody out of existence if they dare look cross at them but to whom the entire concept of honesty, mistake or not, seems to be more alien than the guys who do their lawn every morning.

  7. #7
    Greg Greg Blank's Avatar
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    Re: Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

    Not siding with anyone but as an artist one can derive a new work from existing work and not be in conflict with any existing copyrights. What are the parameters of use that disqualify one from being sued? I have submitted work to places and seen very similar imagery suddenly appear in printed materials that they marketed as some other photographers work. Although cropped from what appeared to be a portion of my submission.
    "Great things are accomplished by talented people who believe they will
    accomplish them."
    Warren G. Bennis

    www.gbphotoworks.com

  8. #8
    Stefan
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    Re: Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

    Astounding. Take the art of another person, lower the resolution, use it commercially as album art. Infringement, who, me?

    Could you point to some blogs or web media that take Andy Baio in defense in this one?

    Edit: Nevermind, it was easy enough to find Googling "kind of bloop cover"...

  9. #9
    Mike Anderson's Avatar
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    Re: Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

    It's a win-win-win-win-win situation. More "Kind of Bloop"s will be sold, more "Kind of Blue"s will be sold, Maisel wins (I never knew he took that photo until now), the lawyers win (well that's unfortunate), and people will be more careful about fair-using other peoples stuff.

    ...Mike

  10. #10

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    Re: Rips off Jay Maisel and gets caught but doesn't think he did anything wrong....

    A lot of words, but I have yet to see the two pictures.
    Wilhelm (Sarasota)

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