Zimmerman's back... (Full Version)

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DaNewAgeViking -> Zimmerman's back... (1/24/2014 6:46:43 PM)

It seems everyone's favorite gun-totin' sociopath is at it again. Will wonders never cease?

http://news.msn.com/us/ap-says-zimmerman-painting-is-copy-of-ap-photo

[sm=AttentionWhore.gif]




MasterCaneman -> RE: Zimmerman's back... (1/24/2014 7:07:58 PM)

I fail to see how this is a problem. I have an extensive 'morgue' of interesting photos I use as models when I draw or paint (not that I do it very well, but still). Granted, its in the grey area between art and photomanipulation, but he isn't the first to do something along those lines. While the AP may have some copyright issues, the fact remains that the Florida AG is a public person, and as such, her image and words are not bound by copyright law, as far as I know.




EdBowie -> RE: Zimmerman's back... (1/24/2014 7:08:40 PM)

He's only back because you invited him...[:D]




lovmuffin -> RE: Zimmerman's back... (1/24/2014 7:53:43 PM)

FR
He sold a painting on Ebay for a hundred thousand, a hundred freakin thousand !!!! What was so special about it ?

Holy crap Batman !!!!




Ollieboomboom -> RE: Zimmerman's back... (1/24/2014 7:54:11 PM)

Maybe he and Jodie Arias can get together and do a mural or something...




Rule -> RE: Zimmerman's back... (1/24/2014 9:10:29 PM)

quote:

Zimmerman sold another painting on eBay last month, with a winning bid of $100,099.99.


I fail to see how the painting is a violation of copyright. In my opinion AP is simply jealous that it cannot paint and make a hundred thousand dollars themselves. It would only have been a violation of copyright if AP had first made an exactly identical painting.




EdBowie -> RE: Zimmerman's back... (1/24/2014 10:10:36 PM)


quote:

ORIGINAL: Rule

quote:

Zimmerman sold another painting on eBay last month, with a winning bid of $100,099.99.


I fail to see how the painting is a violation of copyright. In my opinion AP is simply jealous that it cannot paint and make a hundred thousand dollars themselves. It would only have been a violation of copyright if AP had first made an exactly identical painting.



When Zimmerman asked the media to take down the faked 9/11 call transcripts and other fabricated reports did they? No, they waited until he started suing, and then tried to shift the blame around.

o sympathy here.




tj444 -> RE: Zimmerman's back... (1/24/2014 10:25:07 PM)


quote:

ORIGINAL: Rule

quote:

Zimmerman sold another painting on eBay last month, with a winning bid of $100,099.99.


I fail to see how the painting is a violation of copyright. In my opinion AP is simply jealous that it cannot paint and make a hundred thousand dollars themselves. It would only have been a violation of copyright if AP had first made an exactly identical painting.

this "painting" is hardly an original piece of art, its on the same level as doing a paint-by-number and trying to pass it off as original.. its easy to take a photo and paint it (using a projector onto the canvas), any moron can do that same thing (if they wanted to be sued).. [:D]




tj444 -> RE: Zimmerman's back... (1/24/2014 10:31:29 PM)


quote:

ORIGINAL: MasterCaneman

I fail to see how this is a problem. I have an extensive 'morgue' of interesting photos I use as models when I draw or paint (not that I do it very well, but still). Granted, its in the grey area between art and photomanipulation, but he isn't the first to do something along those lines. While the AP may have some copyright issues, the fact remains that the Florida AG is a public person, and as such, her image and words are not bound by copyright law, as far as I know.

the same thing happened with an Obama pic.. so I dare say AP will forge ahead with their lawsuit..

"in January 2009, the photograph on which Fairey based the poster was revealed: an April 2006 shot by former Associated Press freelance photographer Mannie Garcia. In response to claims by the Associated Press for compensation, Fairey sued for a declaratory judgment that his poster was a fair use of the original photograph. The parties settled out of court in January 2011, with details of the settlement remaining confidential.
On February 24, 2012, Fairey pleaded guilty in a New York federal court to destroying and fabricating documents during his legal battle with the Associated Press. Fairey had sued the news service in 2009 after it claimed that the famous poster was based on one of its photos. Fairey claimed that he used a different photograph for the poster. But he admitted that, in fact, he was wrong and tried to hide the error by destroying documents and manufacturing others, which is the source of the one count of criminal contempt to which he pleaded guilty.[4] In September, Fairey was sentenced to two years of probation, 300 hours of community service, and a fine of $25,000."


https://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster




ResidentSadist -> RE: Zimmerman's back... (1/24/2014 11:44:03 PM)

quote:

ORIGINAL: MasterCaneman
I fail to see how this is a problem. I have an extensive 'morgue' of interesting photos I use as models when I draw or paint (not that I do it very well, but still). Granted, its in the grey area between art and photomanipulation, but he isn't the first to do something along those lines. While the AP may have some copyright issues, the fact remains that the Florida AG is a public person, and as such, her image and words are not bound by copyright law, as far as I know.

I recorded my own version of a David Bowie song called Panic In Detroit. I was required to pay an advance royalty and agree to a royalty percentage on the residuals to get permission to release it.

Zimmerman painted his own version of the AP photo. Although it was a copy in paint, even though a it's a different medium, it is still a copy of their property. He violated their copyright.

I spent 6 months studying the UCLA copyright law program at home to enhance my curriculum vitae in the music industry. I am pretty sure AP will make a case of it if the law reads the way I remember it.




Rule -> RE: Zimmerman's back... (1/25/2014 12:14:08 AM)

quote:

ORIGINAL: ResidentSadist
I spent 6 months studying the UCLA copyright law program

Any law that requires more than five seconds to comprehend is not a law, but a torture.




EdBowie -> RE: Zimmerman's back... (1/25/2014 12:24:10 AM)

That's a derivative work and requires permission. If Weird Al had covered the same Bowie song and added his satirical lyrics, it would been fair use.


quote:

ORIGINAL: ResidentSadist

quote:

ORIGINAL: MasterCaneman
I fail to see how this is a problem. I have an extensive 'morgue' of interesting photos I use as models when I draw or paint (not that I do it very well, but still). Granted, its in the grey area between art and photomanipulation, but he isn't the first to do something along those lines. While the AP may have some copyright issues, the fact remains that the Florida AG is a public person, and as such, her image and words are not bound by copyright law, as far as I know.

I recorded my own version of a David Bowie song called Panic In Detroit. I was required to pay an advance royalty and agree to a royalty percentage on the residuals to get permission to release it.

Zimmerman painted his own version of the AP photo. Although it was a copy in paint, even though a it's a different medium, it is still a copy of their property. He violated their copyright.

I spent 6 months studying the UCLA copyright law program at home to enhance my curriculum vitae in the music industry. I am pretty sure AP will make a case of it if the law reads the way I remember it.





EdBowie -> RE: Zimmerman's back... (1/25/2014 12:26:58 AM)

In this case he wasn't put in jail for copyright violation, it was for impeding the investigation. There was no court ruling on the fair use claim.


quote:

ORIGINAL: tj444


quote:

ORIGINAL: MasterCaneman

I fail to see how this is a problem. I have an extensive 'morgue' of interesting photos I use as models when I draw or paint (not that I do it very well, but still). Granted, its in the grey area between art and photomanipulation, but he isn't the first to do something along those lines. While the AP may have some copyright issues, the fact remains that the Florida AG is a public person, and as such, her image and words are not bound by copyright law, as far as I know.

the same thing happened with an Obama pic.. so I dare say AP will forge ahead with their lawsuit..

"in January 2009, the photograph on which Fairey based the poster was revealed: an April 2006 shot by former Associated Press freelance photographer Mannie Garcia. In response to claims by the Associated Press for compensation, Fairey sued for a declaratory judgment that his poster was a fair use of the original photograph. The parties settled out of court in January 2011, with details of the settlement remaining confidential.
On February 24, 2012, Fairey pleaded guilty in a New York federal court to destroying and fabricating documents during his legal battle with the Associated Press. Fairey had sued the news service in 2009 after it claimed that the famous poster was based on one of its photos. Fairey claimed that he used a different photograph for the poster. But he admitted that, in fact, he was wrong and tried to hide the error by destroying documents and manufacturing others, which is the source of the one count of criminal contempt to which he pleaded guilty.[4] In September, Fairey was sentenced to two years of probation, 300 hours of community service, and a fine of $25,000."


https://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster





MsMJAY -> RE: Zimmerman's back... (1/25/2014 4:30:33 AM)

A similar thing happened to the artist who painted the Obama picture "Hope;" Shepherd Fairey. The AP sued him and he settled by paying them 1.6 million for his use of this picture. There is a good chance a settlement will happen here too. (ETA- sorry I posted this before I read tj444's post.)
[image]http://obeygiant.com/images/2008/11/obama-hope-shelter-copy-500x752.jpg[/image]




Marc2b -> RE: Zimmerman's back... (1/25/2014 5:38:22 AM)

I don't know all the ins and outs about copyright law and in this case I don't much care (although I do know that photographers have rights to their images).
The internet is slowly killing copyright anyway, in name if not yet in legal fact.

As someone who works in an art center and is surrounded by great works of art throughout my working day, I will say this:
That painting ranks amongst some of the worst examples of amateurish crap I've ever seen. One of our galleries is dedicated to
young, student, and amateur artists and there is no way that laughable work of "art" would make it into one of our shows.

I find the subject matter laughable as well. The shithead gets away with murder and is still feeling persecuted over it? Oh boo fucking hoo.

By the way, my avatar is a doodle of me done by one of our studio artists. I asked him for permission to use it . . . because that's just the right thing to do.




jlf1961 -> RE: Zimmerman's back... (1/25/2014 6:40:22 AM)

I am so sick and tired of hearing about Zimmerman, why dont we execute the bastard and get it over with? Or execute the "journalists" who cant find something else to report on?




Marc2b -> RE: Zimmerman's back... (1/25/2014 6:51:57 AM)

quote:

I am so sick and tired of hearing about Zimmerman, why dont we execute the bastard and get it over with? Or execute the "journalists" who cant find something else to report on?


Errr . . . Uhm . . . that may be going a wee bit too far. I will confess, however, that there are times when I think public floggings would be conducive to a more civil society. "Reporting irrelevant nonsense? Twelve lashes!
Using your notoriety to foist crappy 'art' on the public? Two hundred lashes!"




sloguy02246 -> RE: Zimmerman's back... (1/25/2014 7:05:31 AM)


quote:

ORIGINAL: Rule

quote:

ORIGINAL: ResidentSadist
I spent 6 months studying the UCLA copyright law program

Any law that requires more than five seconds to comprehend is not a law, but a torture.




Ah! That explains why you chose not to pursue a career as an attorney. [;)]




EdBowie -> RE: Zimmerman's back... (1/25/2014 8:32:30 AM)

The Obama artist couldn't make the satire claim that Zimmerman has available to him.
Notice that other versions of this have come out with devil horns or whatever, and no settlements there.


quote:

ORIGINAL: MsMJAY

A similar thing happened to the artist who painted the Obama picture "Hope;" Shepherd Fairey. The AP sued him and he settled by paying them 1.6 million for his use of this picture. There is a good chance a settlement will happen here too. (ETA- sorry I posted this before I read tj444's post.)
[image]http://obeygiant.com/images/2008/11/obama-hope-shelter-copy-500x752.jpg[/image]





farglebargle -> RE: Zimmerman's back... (1/25/2014 8:41:17 AM)

There's nothing magical about this. It's all established law.

A painting made from a photograph is a derivative work. The creator of the photograph holds the copyright to the photo and, unless they've expressly given permission for its use, making a painting based on a photo infringes on the photographer's copyright. In terms of US copyright law: "Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work."

If Zimmerman's making money off this, he's got an issue he should immediately discuss with competent counsel.





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