Jay Maisel - His Image gets stollen and He's the bad guy?

[revjvegas]

Abel Added Link: http://waxy.org/2011/06/kind_of_screwed/

Recently, one of Maisel's photo's of Miles Davis was used without his permission by a designer and Maisel's attorneys went after the designer for copyright violation.

Seems public mob favors the designer and paints Maisel as a "bully" among other things.

For just one reference, just check out the comments left by some on Google maps: Jay Maisel Photography

You can do your own google search on: Jay Maisel Copyright
and you'll get an idea of what's going on if you've not already heard the story.

So, with that... Its OK for companies to protect their intellectual property, but not photographers? I grant you, if you didn't bother to register your stuff with copyright.gov, then yeah, you don't have much of a leg to stand on in the court room, but that can be a whole discussion in and of itself.

My point here, and question to the rest, is what is going on here. Why is the majority taking the side of the designer on this?

[groovyone]

The Online Photographer had a good post about this too. Ridiculous that people are jumping on Maisel for it. One could maybe argue that the dollar amount was high, but how else to you deter people from doing it? It would be like the NFL fines. "Hey, I am going to fine you 1% of what you made this game for that illegal hit."

[groovyone]

Online Photographer: The Online Photographer: Kind of Blue, Kind of Bloop, Kind of Screwed

Follow along discussion: The Online Photographer: 'What's the Point of Even Having Copyright?'

[SCone]

"I tried to draw it myself, but if you've ever attempted pixel art, you know how demanding it is."

Huge difference in Photoshopping original artwork & a rendering of the same work.

[Abel]

plus, isnt EVERYONE aware of the hassles that Shepard Fairy has been through for the Obama HOPE poster... That alone would have told me "hey... maybe pixel art of someones photo might not be such a good idea."

[groovyone]

It also was not very pixelated.

[Tom]

Originally Posted by Abel

plus, isnt EVERYONE aware of the hassles that Shepard Fairy has been through for the Obama HOPE poster... That alone would have told me "hey... maybe pixel art of someones photo might not be such a good idea."

Shepard Fairey has also used lawyers to send cease and desist orders to people that have made derivative works of his graffiti.

Shepard is a mess.

[merock]

Good for Maisel.

[bryanlindsey]

You don't like it? Shoulda' taken your own picture of Miles Davis then.

[Kalrog]

I'm surprised that the infringer was allowed to post how much he paid. Isn't that usually confidential?

[Charles Putnam]

That was the main topic on The Grid this week (The Grid). Joe McNally was the guest.

[groovyone]

The Online Photographer: When the Internet Turns Vicious

Great reply in the comments from Andy Baio (the "victim") himself.

[BethG]

Considering what the image was for I'm willing to bet that Maisel would have given his permission for the project to use HIS photo if he'd simply asked before taking. I'm with Maisel!

[texkam]

All you folks crowdsourcing your logos take note.

[z-monster]

Originally Posted by revjvegas

Seems public mob favors the designer and paints Maisel as a "bully" among other things.

Wording brother, it's all about the words used. The designer, Andy Baio labeled his version of Maisel's photo as a "tribute". Therefore the public will see Maisel as a monster for 'punishing' a man who was simply 'honoring' Miles Davis and Maisel's original work.