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(RealClear)   AP sends George Zimmerman a cease-and-desist letter for his latest painting. Well that was 15 minutes wasted   (realclear.com) divider line 145
    More: Followup, Angela Corey, George Zimmerman, U.S. state abbreviations, Shepard Fairey, Paul Colford  
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8682 clicks; posted to Main » on 25 Jan 2014 at 6:49 PM (24 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-01-25 05:00:03 PM
If you painted a Ford Mustang, does FoMoCo have the right to sue you?
 
2014-01-25 05:20:56 PM

itcamefromschenectady: If you painted a Ford Mustang, does FoMoCo have the right to sue you?


no.  Now if you copy the design of the Ford Mustang and build yourself one then they may have the right to sue you for patent and trademark violation (particularly if you try to sell it).
 
2014-01-25 05:58:01 PM
It's a transformative work of art; a parody.  Fair use.
 
2014-01-25 06:01:14 PM

pueblonative: itcamefromschenectady: If you painted a Ford Mustang, does FoMoCo have the right to sue you?

no.  Now if you copy the design of the Ford Mustang and build yourself one then they may have the right to sue you for patent and trademark violation (particularly if you try to sell it).


So is it illegal to take a photograph of the car and sell it?
What about painting a picture of a photograph taken by someone else?

A painting is not a photocopy.
 
2014-01-25 06:02:22 PM

SkinnyHead: It's a transformative work of art; a parody.  Fair use.


But remember the Obama picture. I don't understand how the AP has the moral or legal right to do what they are doing, but it's not the first time.
 
2014-01-25 06:34:29 PM

SkinnyHead: It's a transformative work of art; a parody.  Fair use.


He put a photoshop filter on top of a photo.  That's not transformative, and it certainly isn't fair use.
 
2014-01-25 06:36:15 PM

itcamefromschenectady: pueblonative: itcamefromschenectady: If you painted a Ford Mustang, does FoMoCo have the right to sue you?

no.  Now if you copy the design of the Ford Mustang and build yourself one then they may have the right to sue you for patent and trademark violation (particularly if you try to sell it).

So is it illegal to take a photograph of the car and sell it?


No

What about painting a picture of a photograph taken by someone else?

Depends on who owns the copyright on the photo and how much transformation you put into the photo.


A painting is not a photocopy.

Given this guy's talent level, I'm not so sure about that.
 
2014-01-25 06:45:11 PM

itcamefromschenectady: SkinnyHead: It's a transformative work of art; a parody.  Fair use.

But remember the Obama picture. I don't understand how the AP has the moral or legal right to do what they are doing, but it's not the first time.


Too bad the Obama poster guy settled.  I think he had a good case.
 
2014-01-25 06:52:14 PM
So Zimmerman will become a champion for the First Amendment, as well?
 
2014-01-25 06:52:37 PM
On Twitter, George Zimmerman wrote Friday evening: "No worries AP, I'll just take whatever U sue me for off your tab when I'm done suing you :-) Or... I could put out how much U offered me 2.."

Responding to Zimmerman's tweet, Colford, the AP spokesman, said: "We don't know what he's talking about."


rofl
 
2014-01-25 06:53:19 PM
My wife knows the guy who took the photo.

/ nothing else to add
 
2014-01-25 06:53:19 PM

pueblonative: SkinnyHead: It's a transformative work of art; a parody.  Fair use.

He put a photoshop filter on top of a photo.  That's not transformative, and it certainly isn't fair use.


The picture in the article doesn't look like the result of merely using a photoshop filter. Why do you say it is? Or are you making a joke about being able to tell by the pixels?
 
2014-01-25 06:53:44 PM
A real American hero.
 
2014-01-25 06:54:07 PM
This is the same idiot who sold a stock flag photo with a blue Photoshop filter over it for 100k. For all his many, many, MANY faults, Zimmerman is rather efficient at fleecing idiots.
 
2014-01-25 06:55:54 PM

LordJiro: This is the same idiot who sold a stock flag photo with a blue Photoshop filter over it for 100k. For all his many, many, MANY faults, Zimmerman is rather efficient at fleecing idiots.


How the hell has he not formed ZimPAC yet?
 
2014-01-25 06:57:36 PM

SkinnyHead: It's a transformative work of art; a parody.  Fair use.


If he gave it away, maybe.  When it becomes a commercial offering, the courts take a dimmer view of "fair use" claims.
 
2014-01-25 07:00:16 PM

LordJiro: This is the same idiot who sold a stock flag photo with a blue Photoshop filter over it for 100k. For all his many, many, MANY faults, Zimmerman is rather efficient at fleecing idiots.


Can you provide some evidence of the legitimacy of that sale.  The only person who claims to have made that sale I can see is Zimmerman.
 
2014-01-25 07:01:06 PM
What is it with murderers turning to painting?
 
2014-01-25 07:01:22 PM
it amuses me that the quote on the picture is one he came up with himself.
 
2014-01-25 07:02:17 PM

thismomentinblackhistory: What is it with murderers turning to painting?


Hunger Games.  All former players take up a hobby.
 
2014-01-25 07:03:26 PM
Any other farkers got random targets to post in the comments section of the article? Current theory is that Evangelical "born agains" not to be confused with those who are just "born again" were the ones who vandalized.
 
2014-01-25 07:04:14 PM

cwolf20: Any other farkers got random targets to post in the comments section of the article? Current theory is that Evangelical "born agains" not to be confused with those who are just "born again" were the ones who vandalized.


Ignore that, please... *sigh* wrong article
 
2014-01-25 07:05:18 PM

thismomentinblackhistory: What is it with murderers turning to painting?


You know who else fancied himself a painter, but didn't really have the talent for it?
 
2014-01-25 07:06:06 PM

"On Twitter, George Zimmerman wrote Friday evening: "No worries AP, I'll just take whatever U sue me for off your tab when I'm done suing you :-) Or... I could put out how much U offered me 2..""


For some reason it's annoying when an adult posts tweets and FB comments in teen speak. I have a relative in his 50s who posts like you're reading something by Prince. And the emoticon was a nice touch. What is Zimmerman's Trayvon Emoticon? o-(

 
2014-01-25 07:06:12 PM

itcamefromschenectady: pueblonative: itcamefromschenectady: If you painted a Ford Mustang, does FoMoCo have the right to sue you?

no.  Now if you copy the design of the Ford Mustang and build yourself one then they may have the right to sue you for patent and trademark violation (particularly if you try to sell it).

So is it illegal to take a photograph of the car and sell it?
What about painting a picture of a photograph taken by someone else?

A painting is not a photocopy.


A picture of a car is not a car.  You have to copy it into the same sort of thing.  If you copied the design of a car and built one and tried to pass it off as your own, that would be illegal.  If you take a picture of the car, that is not.  If you copied a picture of a car that someone else took and try to sell it as your own, that would be illegal.  He copied a picture and passed it off as his own picture.
 
2014-01-25 07:07:27 PM

Kensey: SkinnyHead: It's a transformative work of art; a parody.  Fair use.

If he gave it away, maybe.  When it becomes a commercial offering, the courts take a dimmer view of "fair use" claims.


Maybe, but it's right on the line and I think most of agree the line shouldn't be there in the first place.  But that's because most of us have a fairly dim view of copyright law in general.

I mean, I don't like art thieves, but patent and copyright cases are (vast majority) just excuses for the big guy to stick it to the little guy.
 
2014-01-25 07:07:42 PM
Seriously, Zim-Zam?! You got by selling the painting of an American flag you found on GIS, and made a boat load. That was a freebie. Now you seriously need to paint something you didn't just search for on the Internet.

Put some fruit in a bowl and paint that. I hear artists do that all the time.

you are a puppet: On Twitter, George Zimmerman wrote Friday evening: "No worries AP, I'll just take whatever U sue me for off your tab when I'm done suing you :-) Or... I could put out how much U offered me 2.."

Responding to Zimmerman's tweet, Colford, the AP spokesman, said: "We don't know what he's talking about."

rofl


Holy Shiat, this is a lost cause. I think I'm never going to read GZ articles without huffing ether first.
 
2014-01-25 07:10:06 PM

skinink: "On Twitter, George Zimmerman wrote Friday evening: "No worries AP, I'll just take whatever U sue me for off your tab when I'm done suing you :-) Or... I could put out how much U offered me 2..""
For some reason it's annoying when an adult posts tweets and FB comments in teen speak. I have a relative in his 50s who posts like you're reading something by Prince. And the emoticon was a nice touch. What is Zimmerman's Trayvon Emoticon? o-(


Prince is *checks wiki* 55.

Maybe that was your ironic point but it wasn't clear.
 
2014-01-25 07:10:52 PM

skinink: "On Twitter, George Zimmerman wrote Friday evening: "No worries AP, I'll just take whatever U sue me for off your tab when I'm done suing you :-) Or... I could put out how much U offered me 2..""
For some reason it's annoying when an adult posts tweets and FB comments in teen speak. I have a relative in his 50s who posts like you're reading something by Prince. And the emoticon was a nice touch. What is Zimmerman's Trayvon Emoticon? o-(


I would guess the reason might be "you're uptight and need to get over yourself".
 
2014-01-25 07:12:17 PM

you are a puppet: LordJiro: This is the same idiot who sold a stock flag photo with a blue Photoshop filter over it for 100k. For all his many, many, MANY faults, Zimmerman is rather efficient at fleecing idiots.

How the hell has he not formed ZimPAC yet?


He's dumber than Sarah Palin, that's why.
 
2014-01-25 07:14:42 PM
Conservative sense of art is right up there with Conservative sense of humor.
 
m00
2014-01-25 07:17:45 PM
did Campbell's Soup sue Andy Warhol?
 
2014-01-25 07:19:04 PM

LrdPhoenix: itcamefromschenectady: pueblonative: itcamefromschenectady: If you painted a Ford Mustang, does FoMoCo have the right to sue you?

no.  Now if you copy the design of the Ford Mustang and build yourself one then they may have the right to sue you for patent and trademark violation (particularly if you try to sell it).

So is it illegal to take a photograph of the car and sell it?
What about painting a picture of a photograph taken by someone else?

A painting is not a photocopy.

A picture of a car is not a car.  You have to copy it into the same sort of thing.  If you copied the design of a car and built one and tried to pass it off as your own, that would be illegal.  If you take a picture of the car, that is not.  If you copied a picture of a car that someone else took and try to sell it as your own, that would be illegal.  He copied a picture and passed it off as his own picture.


upload.wikimedia.org
 
2014-01-25 07:19:29 PM
I'm ashamed to be so shallow that the face of that undoubtedly fine upstanding woman made me cringe.
 
2014-01-25 07:21:11 PM

m00: did Campbell's Soup sue Andy Warhol?


Why would they? Only if they sold a photo of a can of soup would that make sense.
 
2014-01-25 07:23:31 PM

itcamefromschenectady: LrdPhoenix: itcamefromschenectady: pueblonative: itcamefromschenectady: If you painted a Ford Mustang, does FoMoCo have the right to sue you?

no.  Now if you copy the design of the Ford Mustang and build yourself one then they may have the right to sue you for patent and trademark violation (particularly if you try to sell it).

So is it illegal to take a photograph of the car and sell it?
What about painting a picture of a photograph taken by someone else?

A painting is not a photocopy.

A picture of a car is not a car.  You have to copy it into the same sort of thing.  If you copied the design of a car and built one and tried to pass it off as your own, that would be illegal.  If you take a picture of the car, that is not.  If you copied a picture of a car that someone else took and try to sell it as your own, that would be illegal.  He copied a picture and passed it off as his own picture.

[upload.wikimedia.org image 170x257]


Warhol painted it as one would paint sitting fruit. (Without getting into the meaning of the piece, etc). Zimmerman "paints" his "art" much like a paint by numbers, because the photos can be superimposed over his "art" EXACTLY.

GZ is a piece of shiat, but I'm not taking that into consideration here. It's akin to the Obama HOPE poster, with the AP pic of Obama ... when it's copied that directly...it's a copy of someone else's work.
 
2014-01-25 07:23:34 PM

LrdPhoenix: He copied a picture and passed it off as his own picture.


He didn't pass it off as his own.  He expects the viewer to recognize it has a painting of a well-known news photograph.  That's what makes it a parody.
 
2014-01-25 07:24:39 PM

SkinnyHead: He expects the viewer to recognize it has a painting of a well-known news photograph.  That's what makes it a parody.


In what way does painting a news photograph make it a parody?

Don't answer that, I know your GED in Law won't have that either.
 
2014-01-25 07:24:41 PM
holy shiat look at all the intellectual property lawyers on the farking internet
 
2014-01-25 07:26:05 PM

cameroncrazy1984: m00: did Campbell's Soup sue Andy Warhol?

Why would they? Only if they sold a photo of a can of soup would that make sense.


Sophistry aside, Charles Moore sued Andy Warhol. Patricia Caulfield sued Andy Warhol.

I conclude that Zimmerman shouldn't be surprised that he's in trouble, but does that make the AP right?
 
2014-01-25 07:28:20 PM

Lady Indica: itcamefromschenectady: LrdPhoenix: itcamefromschenectady: pueblonative: itcamefromschenectady: If you painted a Ford Mustang, does FoMoCo have the right to sue you?

no.  Now if you copy the design of the Ford Mustang and build yourself one then they may have the right to sue you for patent and trademark violation (particularly if you try to sell it).

So is it illegal to take a photograph of the car and sell it?
What about painting a picture of a photograph taken by someone else?

A painting is not a photocopy.

A picture of a car is not a car.  You have to copy it into the same sort of thing.  If you copied the design of a car and built one and tried to pass it off as your own, that would be illegal.  If you take a picture of the car, that is not.  If you copied a picture of a car that someone else took and try to sell it as your own, that would be illegal.  He copied a picture and passed it off as his own picture.

[upload.wikimedia.org image 170x257]

Warhol painted it as one would paint sitting fruit. (Without getting into the meaning of the piece, etc). Zimmerman "paints" his "art" much like a paint by numbers, because the photos can be superimposed over his "art" EXACTLY.

GZ is a piece of shiat, but I'm not taking that into consideration here. It's akin to the Obama HOPE poster, with the AP pic of Obama ... when it's copied that directly...it's a copy of someone else's work.


Warhol got sued on the same basis as the AP is threatening. Multiple times.
 
2014-01-25 07:28:35 PM
All attempts to flimflam the zimzam are ultimately doomed to fail.

/
 
2014-01-25 07:28:50 PM
Cease & Desist Order from the AP to drink!
 
2014-01-25 07:29:44 PM

lordjupiter: holy shiat look at all the intellectual property lawyers on the farking internet


I think of it more this way: Look at all the intellectual property lawyers retained by the AP, and think of how much out-of-pocket cash for intellectual property lawyers this is going to require Zimmerman to lock up while fighting the claim.
 
2014-01-25 07:33:09 PM

cameroncrazy1984: SkinnyHead: He expects the viewer to recognize it has a painting of a well-known news photograph.  That's what makes it a parody.

In what way does painting a news photograph make it a parody?

Don't answer that, I know your GED in Law won't have that either.


Well, a parody is an artistic work that imitates another work for laughs or ridicule, isn't it?

Zimmerman's painting is an artistic expression of his negative feelings toward the prosecutor and the news media. It ridicules the prosecutor and the news media for pretrial publicity in his case.  He takes a well-known news photo from the prosecutor's ill-advised press conference and turns it into a hideously grotesque red image, to represent her abuse of power.  He adds a caption to express his view that she has no respect for the American judicial system.  His use of a well-known news photograph was necessary to convey his feeling that the news media was complicit in the spreading of prejudicial pretrial publicity.
 
2014-01-25 07:34:48 PM

SkinnyHead: Well, a parody is an artistic work that imitates another work for laughs or ridicule, isn't it?

Zimmerman's painting is an artistic expression of his negative feelings toward the prosecutor and the news media. It ridicules the prosecutor and the news media for pretrial publicity in his case.  He takes a well-known news photo from the prosecutor's ill-advised press conference and turns it into a hideously grotesque red image, to represent her abuse of power.  He adds a caption to express his view that she has no respect for the American judicial system.  His use of a well-known news photograph was necessary to convey his feeling that the news media was complicit in the spreading of prejudicial pretrial publicity


You're George Zimmerman, aren't you.
 
2014-01-25 07:36:27 PM
Meh, in my opinion it is Fair Use.

If he sells the painting, it is because he painted it and of who he is in relation to the subject.  The source of the picture is irrelevant as to it's (alleged)"signifigance", it could have been 1 of a thousand different pictures or how he saw her in person, and it would not affect the perceived "value" in the eyes of a potential buyer.

It does not conflict with the original picture, there is no monetary loss or damage. The painting is not any sort of competing product that damages the use or sale of the original.

A picture of a public figure was distributed to the public at large as news, in order to give us as much information as if we were there.  Some guy used it as reference for a painting that amounts to satire.

IMO, pushing for copyright infringement on this is really stretching it thin as the the intent of the laws on the subject.

He could easily counter-sue if the AP is distributing his work as part of their news stories, as they are more clearly and directly copying it.
 
2014-01-25 07:40:44 PM

AW STANDINGS FOR THE WEEK:

www.hiphopstan.com
FIRST PLACE


www.thefablife.com
SECOND PLACE


www.washingtonpost.com
THIRD PLACE

 
2014-01-25 07:42:30 PM
Zimmerman is upset that the state bothered to determine whether he committed murder.In Zimmerman's mind--and in his supporters' minds--the state should have just taken his word for it.
 
2014-01-25 07:42:35 PM
Let's discuss THE FACTS of the case.

The AP, a well known member of the fifth column, an organization hell-bent on subjugating our way of life, was planning on destroying America's sovereignty in George "Jorge" Zimmerman's exclusive Sanford Florida gated community.  As Jorge was carefully studying the AP, the AP's white guilt caused it to attack poor Jorge - mercilessly beating his head against the Bible Constitution.  Jorge, knowing that as a straight up bean eating Mexican that he must defend the greatest document on Earth, struck back at the AP in the world's most Bible Constitutionally protected manner; with his trusty sidearm, which he calls the Bible Blaster.

Jorge slayed the great beast, protecting America and the Bible Constitution from the liberal media.  America was saved... but for how long?   Who will stand up?  Will you stand up for America and the Bible Constitution with a contribution to the NRA?
 
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