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

[Frank Petronio]

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.

[Ari]

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.

[dsphotog]

My question is, how did Jay find out his image had been stolen?

[Ari]

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.

[Greg Blank]

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.

[engl]

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"...

[Mike Anderson]

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

[Bill_1856]

A lot of words, but I have yet to see the two pictures.

[Eric James]

Did you read the whiner's blog - the two pictures are there.

[ic-racer]

This is one of those things I have difficulty following. Andy Baio settled the case for $$ but I don't see that Baio was a musician on the album or the creator of the cover

For the cover, the obvious choice was to do an 8-bit rendering of the original Davis cover, and he, Andy, got a friend to put it together http://www.techdirt.com/articles/201...t-pay-up.shtml