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(Politicker)   I fought the AP and the AP won: "Hope" poster designer from 2008 election gets two years probation for Associated Press copyright infringement   (politicker.com) divider line 108
    More: Asinine, U.S. state abbreviations, electoral calendar 2008, Shepard Fairey, probation, Southern District of New York  
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12288 clicks; posted to Main » on 07 Sep 2012 at 3:26 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-09-07 02:23:26 PM
Why, for his fair use argument, was it important that it be the shot with Clooney and not the one he actually used?
 
2012-09-07 02:46:25 PM
There was an article from this trial that showed that the AP photo service will happily sell you high-resolution digital images of artistic works that they don't own.

Anyone remember that? I couldn't find a search term that would find it but filter out today's news.
 
2012-09-07 02:48:53 PM
He didn't get probabtion for what he did or didn;t do to AP, copyright infringement is a civil, not criminal offense no matter what the RIAA thinks. He got in trouble for contempt of court, and he's lucky to have avoided a perjury rap since he fabricated evidence.
 
2012-09-07 03:02:13 PM
He lied to the court, I have little sympathy


/Would be different if he hadn't misrepresented himself
 
2012-09-07 03:04:10 PM

Magorn: He didn't get probabtion for what he did or didn;t do to AP, copyright infringement is a civil, not criminal offense no matter what the RIAA thinks. He got in trouble for contempt of court, and he's lucky to have avoided a perjury rap since he fabricated evidence.


Ah, thanks for clearing that up. I was trying to figure out why fair use didn't apply.
 
2012-09-07 03:28:16 PM
OBEY Copyright Law
 
2012-09-07 03:29:17 PM
He should have stuck to his fair use guns and not tampered with evidence. That said, it's as obvious a case of fair use as you could ask for, even if our corporate judiciary thinks otherwise.
 
2012-09-07 03:29:29 PM
So glad it wasn't the Arugula poster.

/Arugula
 
2012-09-07 03:29:33 PM

Magorn: He didn't get probabtion for what he did or didn;t do to AP, copyright infringement is a civil, not criminal offense no matter what the RIAA thinks. He got in trouble for contempt of court, and he's lucky to have avoided a perjury rap since he fabricated evidence.


Yep. One caveat - there is criminal copyright infringement in the statutes, but this wasn't it. And the RIAA has never gone for criminal penalties in their litigation.
 
2012-09-07 03:30:02 PM
Yeah, he really screwed him self making up evidence. He should have just paid a royalty fee and been done with it.
 
2012-09-07 03:31:26 PM

ourbigdumbmouth: Yeah, he really screwed him self making up evidence. He should have just paid a royalty fee and been done with it.


Well, either pay the royalty, or fight it and claim fair use... just, fabricating evidence is a no-no.
 
2012-09-07 03:32:24 PM
2.bp.blogspot.com
 
2012-09-07 03:32:54 PM

the_sidewinder: Would be different if he hadn't misrepresented himself


A client who misrepresents himself has a fool for a lawyer.
 
2012-09-07 03:35:09 PM
Of course, he was not sentenced for violating a copyright, but instead his sentence was for lying and destroying evidence. But hey, don't let the truth get in the way of your sensationalist headline.
 
2012-09-07 03:35:53 PM
Does anyone know why he fabricated the evidence?

Both the image he said he used and the image he actually used were both AP photos. So, what's the reasoning behind trying to claim that he used AP photo #1 instead of AP photo #2? I assume using either of them would either be considered fair use or not, the particular photo wouldn't matter, right?
 
2012-09-07 03:37:18 PM

Magorn: He didn't get probabtion for what he did or didn;t do to AP, copyright infringement is a civil, not criminal offense no matter what the RIAA thinks. He got in trouble for contempt of court, and he's lucky to have avoided a perjury rap since he fabricated evidence.


He claimed to be an artist in court?
 
2012-09-07 03:37:26 PM
I would have a problem with this if it was about a hummer from a fat girl. other wise screw that lying bastard.
 
2012-09-07 03:37:42 PM
Yeah, you can't tamper with evidence, the court doesn't like that. That's what screwed him.
 
2012-09-07 03:37:47 PM
OBEY
 
2012-09-07 03:38:07 PM

Corvus: [2.bp.blogspot.com image 403x403]


I'm stealing that...
 
2012-09-07 03:38:59 PM
No, subtard, he didn't get probation for infringing AP's copyright; that's a tort, not a crime. He got probation for falsifying evidence, which IS a crime.
 
2012-09-07 03:39:12 PM
cultofmac.cultofmaccom.netdna-cdn.com
 
2012-09-07 03:39:48 PM
Whatta McGloin... whatta maroon...
 
2012-09-07 03:40:09 PM

Lunatic Calm: Does anyone know why he fabricated the evidence?

Both the image he said he used and the image he actually used were both AP photos. So, what's the reasoning behind trying to claim that he used AP photo #1 instead of AP photo #2? I assume using either of them would either be considered fair use or not, the particular photo wouldn't matter, right?


One of the tests of fair use is how derivative the work is. If the image could be made just by pushing it through a photoshop filter, it's more derivative than transformative. If instead he cropped Clooney, changed the pose, etc., and the original was used more for inspiration, it would be more transformative, and would therefore tip the scales toward fair use. That's my guess, anyway.
 
2012-09-07 03:44:14 PM
Oblig

Fark this tracer.
 
Ehh
2012-09-07 03:44:22 PM

the_sidewinder: He lied to the court, I have little sympathy


/Would be different if he hadn't misrepresented himself


Agreed. Don't lie to a judge. Also, Shepard Fairey is a douche.
 
2012-09-07 03:44:23 PM

Lunatic Calm: Does anyone know why he fabricated the evidence?

Both the image he said he used and the image he actually used were both AP photos. So, what's the reasoning behind trying to claim that he used AP photo #1 instead of AP photo #2? I assume using either of them would either be considered fair use or not, the particular photo wouldn't matter, right?


That may be why:
Complicating the legal battle, the freelance photographer who took the photographs, Mannie Garcia, filed court papers in July saying he was the one who owned the copyright of the 2006 photograph; Mr. Garcia's assignment was to photograph Mr. Clooney, and he contended that he never assigned his copyright rights to The A.P.

Maybe he was arguing based on Photo #1 because then he'd have an argument that the AP didn't have copyright over it?

It's also arguably better for the fair use argument since he would have cropped Clooney from the photo (thus using only part of the copyrighted work) and would have had to mess with Obama's eyes and eyebrows (thus making his version more transformative).
 
2012-09-07 03:44:30 PM
hey! let's make a list of countries that prosecute political enemies for the most ridiculous reasons:

#3: USA: don't annoy Republicans, or else.
 
2012-09-07 03:45:20 PM
He made false claims to the court, and then tried to fabricate the evidence to fit those claims, and destroy any evidence that showed him to be a liar.

In my mind, he got off very light. I thought only the rich bastards got the slap on the wrist for doing this kind of thing. Of course in their cases they were creating evidence to show they lawfully foreclosed on someones house.

/or a few thousand houses
 
2012-09-07 03:46:39 PM
Here's photo #1, btw:
theworldsbestever.com
 
2012-09-07 03:47:24 PM

Gig103: Magorn: He didn't get probabtion for what he did or didn;t do to AP, copyright infringement is a civil, not criminal offense no matter what the RIAA thinks. He got in trouble for contempt of court, and he's lucky to have avoided a perjury rap since he fabricated evidence.

Ah, thanks for clearing that up. I was trying to figure out why fair use didn't apply.


It also clears up why someone would get "probation" in regards to a copyright crime: "OK, for two years, don't go making any artwork that looks like this" didn't make any sense at all.
 
2012-09-07 03:47:56 PM

Magorn: He didn't get probabtion for what he did or didn;t do to AP, copyright infringement is a civil, not criminal offense no matter what the RIAA thinks. He got in trouble for contempt of court, and he's lucky to have avoided a perjury rap since he fabricated evidence.


Shut your gotdarned fact spewing mouth, this is FARK!
 
2012-09-07 03:49:32 PM
this, this. Why did he screw his entire case over?

This became 0% about fair use and the judge jumped on that shiat as fast as he could to say "defense screwed their own defense. guilty" since the judge could avoid the fair use issue entirely.
 
2012-09-07 03:49:36 PM
You thought only rich bastards got out of jail easily? How do you know he's not a rich bastard? He didn't want to share any of his profits with the AP. He just kept the money for himself. I know many artists are poor, but a few actually get very, very rich off their art. This guy is in their class. I"m guessing he used the AP's money to fight them because he didn't want to share with the photographers who did the actual work of creating the initial image. Yeah, I think he did a good job of choosing the new colors, but how hard was that?
 
2012-09-07 03:49:40 PM

Magorn: He didn't get probabtion for what he did or didn;t do to AP, copyright infringement is a civil, not criminal offense no matter what the RIAA thinks. He got in trouble for contempt of court, and he's lucky to have avoided a perjury rap since he fabricated evidence.


Zimmerman! Drink!
 
2012-09-07 03:50:35 PM
Oh goodie! Another troll-tastic incorrect headline on Fark!

The farkers who have issued the correction for subby don't make up for the people who greenlit this POS headline.
 
2012-09-07 03:52:21 PM

farkingatwork: this, this. Why did he screw his entire case over?

This became 0% about fair use and the judge jumped on that shiat as fast as he could to say "defense screwed their own defense. guilty" since the judge could avoid the fair use issue entirely.


it's amazing how much judges don't like your case once you've destroyed evidence to maintain a fraud on the court.
 
2012-09-07 03:52:35 PM
you should get more than 2 years probation for tampering with evidence in a suit where you are a party. and I think I had a motorhead on almost a felty type of poster paper by this dude circa 1999 or so.
 
2012-09-07 03:53:09 PM
This is politics?
 
2012-09-07 03:58:50 PM
Please correct me if I'm wrong, but didn't Shep get a lot of money in the end?
 
2012-09-07 03:59:26 PM
I thought he did not make any money from the picture and he had donated it to the campaign, I think I remember seeing an article about that. If that was the case how was it not covered under political speech in the first place.

/The article I remember was him complaining that it fell into public domain and people were making money putting the image on t-shirts and he was a broke artist who got nothing.
 
2012-09-07 03:59:52 PM
There is no hope in the new Corporatocracy.
 
2012-09-07 04:03:41 PM

nmemkha: There is no hope in the new Corporatocracy.


he is the Corporatocracy. this was a dispute among members. you or I would have been in jail.
 
2012-09-07 04:03:50 PM
So posterizing a photo from the internet and adding a caption makes one an artist now? Awesome
 
2012-09-07 04:04:22 PM
api.ning.com

Aw Hell Nah Obama was outraged by the decision.
 
2012-09-07 04:06:27 PM
The only thing that would have been more perfect is if Biden had been leading the FBI task force that chases down copyright violations for the RIAA and MPAA to nail him.
 
2012-09-07 04:10:06 PM

mbillips: No, subtard, he didn't get probation for infringing AP's copyright; that's a tort, not a crime. He got probation for falsifying evidence, which IS a crime.


He also falsified subby's headline...
 
2012-09-07 04:12:37 PM
The lesson to be learned here is clear: shoop for fun and not for profit.
 
2012-09-07 04:16:06 PM
No doubt, his PC includes various Hawaii state stationery templates.
 
2012-09-07 04:16:45 PM
"After spending a great amount of time, energy and legal effort, all of us at The Associated Press are glad this matter is finally behind us. We hope this case will serve as a clear reminder to all of the importance of fair compensation for those who gather and produce original news content."

IOW's in spite of all the money they threw at this, the court just wasn't looking like he'd get The Chair so they walked off

Shouldn't have cheated though- too bad
 
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