What is Digg?37 Comments
- 16x9, on 10/12/2007, -0/+1WackyT wrote: "LOL! The media will try to get away with anything"
Hey, WackyT, what exactly is "The Media?" And why do you you feel that they (by the way, are we talking about a "they") try to get away with anything? Are The Media crazed robot zombies from the 11th dimension who wish to destroy our way of life?
Perhaps this breach of copyright was caused by someone with little regard for the law. Or more likely it was made by someone who forgot or didn't know to do the right (and legal) thing. The point is that it was a person who did this. Not some nebulous force that goes by the name of "The Media." - DeVS, on 10/12/2007, -0/+1Funny how people complain about copyrights when it pertains to themselves but those same people probably have a pc full of downloaded music, pirated movies and roms,lol.
- stutterbug, on 10/12/2007, -0/+1Raian is right to mention 'derivatives', but to make a derivative you have to put substantial effort into it and I really doubt that three minutes with the lasso tool satisfies it. I'm not sure.
http://www.copyright.gov/circs/circ14.html
(Canadian copyright law is almost the same.)
If it _IS_ a derivative work, then it is possible that Brandon Stone could be in trouble for using the screen grab. At this point, he'd be exempt under 'fair use' of course, but if he were to start selling his services saying, "Bill Maher loves my photos so much, he used them on his show," Brandon would be violating _their_ copyright, too.
Copyright law is NOT easy and seldom clear cut. And it is pretty unusual for anyone to make ANY money in the courts from a violation.
If he wanted to be a real pain, he should ask Maher to give a rolling credit at the end of the show and then go to the appropriate union that covers that kind of work, tell'em he's non-union and under-paid and let them grieve. He'd still make no money and his karma would take a big hit, but.... - Raian, on 10/12/2007, -0/+0By photocopying the bin they are creating a derivative work
- gambit, on 10/12/2007, -0/+0If you look at the dumpster in the 'set' and compare to the one in the photo you can tell that on the right hand side they didn't even crop it properly. That should be sufficient proof they were not there.
- whitesanjuro, on 10/12/2007, -0/+0if this was the other way around you guys would be going bananas...hypocracy to the extreme.
- inactive, on 10/12/2007, -0/+0Frankly, I enjoy watching Bill Maher. At least you know what he believes when you watch his show. And frankly, I don't see a big deal (legal or not) that they used a picture that someone else took of a public place.
- ziffel, on 10/12/2007, -1/+1"bill maher hates black people"
That pretty much tells me you know nothing about Bill Maher, or his jokes go over your head. Maher has dated several african-american women, dumbass. - boozedrinker, on 10/12/2007, -0/+0SUE SUE SUE SUE!
- section31, on 10/12/2007, -0/+0hahaha, sue the bastards. I saw that show.
- oldgeek, on 10/12/2007, -0/+0Bill Maher what a joke.
- cashoutcurse, on 10/12/2007, -0/+0i highly doubt bill knew about this personally.
- tanxadillo, on 10/12/2007, -0/+0Why is everyone considering Bill Maher is a member of the "media"? He's just a commentator/pundit! Is this why you guys accuse the media to be liberal?
- inactive, on 10/12/2007, -0/+0Wonder if the guy who spray painted that creepy looking 3301 could sue the photographer for distributing imagery of his work.
- Raian, on 10/12/2007, -0/+0stupid spell check-- **photoshopping
- SilentSpyder, on 10/12/2007, -0/+0Patriotic=Nationalistic=Will blindly follow and agree with whatever my country will do. While I like Bill Maher, I don't think it was right for them to use your picture. So it's up to you if you want to sue. I'd say let them know about it first and see if they apologize or pay you something. If they don't, then it's your right to take action.
- JRMillion, on 10/12/2007, -0/+0I really like Bill Maher. Real Time is one of my favorite shows.
My younger sister is an Intern at Schumer's office in NYC, so she is excited whenever he is on the show. - Mofo, on 10/12/2007, -0/+0Besides the pic being his or not, A) are those pics hosted by someone else B) are they considered "public domain" thereby bypassing express copyright, and he was watching the tv and saw the skit but at the same time took a photo of it??? Maybe it was a rebroadcast...
- seemsArtless, on 10/12/2007, -0/+0To DeVS and snyy, you could also say that Brandon saw the piece on TV, figured out exactly where the location was, moved the bin, took the pictures, processed them, and pretended to post them more than a year ago, along with many other similar looking photos.
Of course anyone can go there and take similar (or even almost exact) pictures -- get the lighting just right, and the angles, and the post-processing -- and use them however they want, but I really doubt that was the case here. If so, it should be easy for the TV show to provide the original photo, photographer's name, date and location the photo was taken, etc... - dtatom, on 10/12/2007, -0/+0To play the devils advocate. Can the blogger prove that the use of his photos hurt him financially? Can he prove that Bill Maher benefitted financially? I am guessing the answer is no to both points. One could say it is copyright infringement. I am no lawyer but to claim a copyright one has to be executed by the artist at the time of creation or distribution. That means a copyright notice embedded within the image (either visible or in the meta information). No copyright that I could see exist. Since the document contain no copyright and the Internet is considered public domain those images are now public domain.
One other thing to keep in mind. The image used on Bill Maher's show was a composite of those public images. This makes it an original work. The Bill Maher shows has every right to copyright the composite image.
To make you all feel better the pictures of Calvin (from Calvin and Hobbes) pissing fall into the same category.
Is it theft: it's hard to prove. Is it wrong: it falls under "fair use". Is it punishable: nope. - gronne, on 10/12/2007, -0/+0DON'T SUE!
I agree it sucks that this happened without your permission but it is likely the fault of some unpaid intern who was too stoned to understand copyright. I don't think the show maliciously stole your intellectual property. I wonder how many of these same urging you to sue are the same people who decry the RIAA at every turn when the same college intern downloads a Foo Fighters song. - TetrisKid, on 10/12/2007, -0/+0I hope this guy sues. They shouldn't be able to get away with that.
- itzac, on 10/12/2007, -0/+0I think it's pretty clear this guy has no idea music comes from the internet through anything but iTunes, so to say he probably has a PC full of pirated works is just reactionist rhetoric.
Yes, he did take a photo of a public place, but I'd have to say that's a pretty brightly-lit alley. The time spent in composing the photo and choosing the right way to process the color is what makes it art. Having said that, I still don't understand it. And just because it's a derivative work, doesn't mean he shouldn't be given credit. Even the most lax creative commons license requires some sort of of credit to the original artist. AND both of the photos came from the same photographer...
To say the work was done by some stoned unpaid intern is to ignore the fact that the poster adverstising the disposal company who likely owns the dumpster WAS removed for legal reasons.
I don't know that this guy should be paid very much for this, but he absolutely deserves credit for the photographs. He posted copyright notices on his webpages, altho they were a little vague, and any judge would stand behind it.
Finally, Bill Maher's views tend to straddle that point in the socio-political circle where fascism and communism meet. He's as close to both as one can be without actually being either.
Someone get me another beer, I'm on a roll... - angelwspr, on 10/12/2007, -0/+0pull an riaa & sue for billions in damages...then buy the show and fire whoever looks at you funny...
- strangnet, on 10/12/2007, -0/+0Why sue? I would've called them asking where to send the bill for two photos...
- maskd, on 10/12/2007, -0/+0Who cares? There's a hot nurse in the shot.
- jon_k, on 10/12/2007, -1/+0"i highly doubt bill knew about this personally."
And I highly doubt Bush knew "brownie" would do such a ***** job directing fema.
Yeah... just because you don't know about something doesn't mean your not responsible. I got pulled over last week because I "didn't know" I was going 70mph in a 60mph zone. Too ***** bad on my part -- I should have found out by looking at the speedo.
Ignorance isn't an excuse for ANYTHING. Bill Maher should have hired some more "professional" production managers -- or just produced the show by himself.
He's a ***** corporate snitch bitch just like anyone else on TV -- Hence why I don't watch or listen to any form of media -- it's all corporate ***** who are there for ONE THING -- GREEN! - DeVS, on 10/12/2007, -1/+0How is it copyright infringments if it is a pic of a public place? All they have to do is say they went to the same place and took the same photo. This guy cant sue anyone. It's like me taking a pic of the statue of liberty and then suing anyone who uses a pick of the statue,lol. It's not art he created, its a photo of a public alley.
- WackyT, on 10/12/2007, -1/+0LOL! The media will try to get away with anything.
- spartan777, on 10/12/2007, -1/+0don't you guys know bill maher is a communist? so of course he thinks its his right to use anybody's personal property if he so chooses. i would sue him for as much as possible. oh, and just because maher dates black people doesn't mean he doesn't hate some of them. oh, and isn't "black" racist for the maher bunch to use? how about african american?
And just because maher ridicules the president does not make him a "sage." it makes him an un-patriotic ass who should be shipped to le france. - snyy, on 10/12/2007, -1/+0good point the probably mashed up the two pictures but isn't there something were if you change the picture enfoe you aren't violated the copyright
- snyy, on 10/12/2007, -1/+0A. Yes using his work without permisson would be illegal
B. Thats not his picture there was no dupster in
http://www.brandonstone.com/photo/worn_wall_and_door/
In the picture with the two people the dumpster has been moved into the frame. Not his picture just at the same place - rnokkin, on 10/12/2007, -2/+1bill maher hates black people.
- Parmedius, on 10/12/2007, -1/+0Bill Maher is babbling idiot... if anyone in mass media deserves to be sued... it would be him.
- lambright, on 10/12/2007, -1/+0Mr. Bill Maher is wrong in taking your image without your asking, and should invite you to one of his cool Hollywood parties “expenses paid� with that said, Consider cutting them some slack, Mr. Maher in my opinion is a sage of our time, who else publicly take on the president of the United States weekk in and week out?
“Mark Twain said: That's the difference between governments and individuals. Governments don't care, individuals do�
Bill Maher cares
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