- cross-posted to:
- chapotraphouse@hexbear.net
- cross-posted to:
- chapotraphouse@hexbear.net
The company behind Trump Watches prominently features an iconic image of the presidential candidate on its timepieces. There’s one big problem: It’s not allowed to.
…
According to the Associated Press, though, TheBestWatchesonEarth LLC advertised a product it can’t deliver, as that image is owned by the 178-year-old news agency. This week, the AP told WIRED it is pursuing a cease and desist against the LLC, which is registered in Sheridan, Wyoming. (The company did not reply to a request for comment about the cease and desist letter.)
Evan Vucci, the AP’s Pulitzer Prize–winning chief photographer, took that photograph, and while he told WIRED he does not own the rights to that image, the AP confirmed earlier this month in an email to WIRED that it is filing the written notice. “AP is proud of Evan Vucci’s photo and recognizes its impact,” wrote AP spokesperson Nicole Meir. “We reserve our rights to this powerful image, as we do with all AP journalism, and continue to license it for editorial use only.”
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I mean I’ll lead by saying “fuck Trump” however I would be a little annoyed if I wanted to use a depiction of myself and someone came to yell at me about it.
Well yes and no.
A famus artist may sell a picture of theirs to a company, them RHAT company has the copyright, not you.
Lots of artists don’t own their music, don’t own their likeness either.
Yeah try getting copies of a copyrighted portrait made. Wedding photos, school portraits, you name it. Not yours.
Agreed. Hate to be that person but I definitely agree with you. It’s literally a picture of himself. I detest the man but this is dumb to be fair.
It’s really not dumb. If copyright law worked that way, no photographer who included human subjects would be able to make a living. Artists deserve to be able to sustain themselves from their labor.
no photographer who included human subjects would be able to make a living.
Sounds great to me! But then, I’m a deranged lunatic from the Taliban
I do some professional photography. If I take a picture, I own it unless there’s a written agreement that says otherwise. You can’t claim ownership rights of a photo just because you’re in it - especially a photo taken in a public space.
Welcome to copyright law
It looks like it’s a re-drawn image and not an actual “copy” of the image, so wouldn’t that mean they can’t do fuck all about it? Obviously it was made to look like the image, but does that actually count for anything? I wouldn’t think it would.
How so? By creating a derivative image of the one depicted next to the watch?
Add it on the pile hoss, there’s a lot of shit to shovel
As usual, this probably won’t amount to even so much as a slap on the gold-plated wrist for him
Well, that’s kind of what a cease and desist is. It says, in a formal but mostly polite way, “stop doing that or we’ll become less nice”.
And why the fuck should it result in more? This is petty bullshit that doesn’t matter.
You’re a Trump supporter. Your position makes sense in that context.
Trumpers razor, the correct solution is most often crime
So, what about the political ad signs it’s being used on? Is that legal? I saw them all over the place.
Political speech has stronger 1A protection than commercial speech and one could argue for a ‘fair use’ exemption. Strong enough to win on its merits? I don’t know – I’m not an IP lawyer, probably not. Strong enough that a well-funded legal team could get a federal judge, hesitant to make a ruling certain to be criticized as ‘election interference,’ to delay a decision until after the election when the signs are all being taken down anyway? I think so.
Copyright protects commercial use so:
probably?I went and read a little and: Nope, gotta fall under fair use and selling a campaign sign with a copyrighted image wouldn’t cut it.
Throw it on the pile.
I hate trump but I hate copyright law way more.
Ugh… Go trump … pukes
EDit: so many people are malding lmao. Even got boneheaded DMS ヾ(⌐■_■)ノ
I disagree with you, but wanted to be unlike the other comments. I, too, hate copyright, but in this case I’d say Trump deserves to lose, just cause he’s a cunt, and winning this will do basically nothing for anyone except him.
You’re letting your hatred corrupt your integrity. How is that no obvious to you here?
Do you also hate the wishes of the artist who sold it to the news agency to earn a living and keep the image under editorial use as opposed to being commercialized and sold to benefit the Trump campaign? Whether you agree with how it’s being used or not, that’s what the photographer decided was best for their work.
Good thing the watch doesn’t contain that photographer’s work then
Your priorities are fucked if you are able to even type those two words next to each other.
Your priorities are fucked if you are able to even type those two words [“Go” and “Trump”] next to each other.
“Go Trump yourself”
“Go Trump to hell”
“Go Trump off a bridge”
Yeah I guess I am.
I also support Ukraine so that makes me Nazi. And Palestine too so i am antisemite…
Edit; I also like killing unborn babies
I am very fucked up ヾ(⌐■_■)ノ
Supporting Trump in any way makes someone more of a Nazi than supporting Ukraine ever would.
No. Just the Trump thing. Conflating that with anything else you said is a very weird bit of normalization for the former.
Copyright laws are bullshit in that their terms are way too long and are often too easily abused against people who are using copywritten materials under fair use. However copyright as a concept is not bullshit. Creative works, including photography, should absolutely be protected from unauthorized use for the benefit of the creator.
Also, there is nothing redeemable about Trump. Even if you feel that copyright law is somehow fundamentally wrong, the correct position can actually be “fuck all parties involved” instead of supporting Trump hawking his swag to pay for his campaign of fascism.
I really wish copyright was still how it was in the U.S. for more than the first half of the 20th century: 19 years with an option to renew for another 19 years. That, IMO, is long enough for any entity to be the sole earner from a work.
However copyright as a concept is not bullshit. Creative works, including photography, should absolutely be protected from unauthorized use for the benefit of the creator.
Sure, creative works should be protected. But not all works are creative enough to be protected. I disagree a photograph like this should have any protection. If the photographer put in their creativity or something else to create it then sure. Then it should be protected. This photo was taken on public event of people and stuff out of the photographers influence and IMO shouldn’t be protected
The creativity is in how the photo was shot; the camera settings, framing, when the photographer chose to take the photo, etc. To say that anyone could have taken this exact photo is both incorrect and doesn’t matter. Anyone could have written any book, play, or script but they didn’t. Anyone could have painted pretty much any particular painting, but they didn’t. I don’t disagree that many aspects of US copyright law are ridiculous, but to say there’s no artistic vision in taking a photograph like this is ignorant.
I agree. It would be like a composer who couldn’t play an instrument writing a symphony. Just because he doesn’t have the capability to produce the final outcome doesn’t mean his vision for how the various pieces fit together isn’t an artistry in itself.
That is a very powerful image, moreso than many of the other images I’ve seen of that event. It certainly isn’t because of the people in it, but the timing to capture that gesture and the overall framing add something that is lacking in other pictures I’ve seen. No doubt that is the reason they selected it. Now they will have to use a lesser option.
I think the other comment covered it but I believe this demonstrates a fundamental misunderstanding of what makes photography such an amazing artform. People study and practice, for a long time, to take photos like this. This isn’t a cell phone pointed in the general direction of a subject with conveniently optimal lighting for its tiny lens, though that could produce a good picture, this takes a great deal more experience, preparation, and creativity to frame and capture the subject in a certain way with extraordinary timing to get a dynamic, emotion-filled result.
Ummm… no. Copyright law sucks, but it’s really the only protection for artists/writers/etc. in this case, Trump sucks way worse than copyright law lmao.
He’s literally stealing someone’s work and attempting to make money off it as his own.
Yet you say “Go Trump.” Copyright law is all it takes for you to publicly support a fascist. Absolutely amazing.
Sadly, copyright doesn’t even truly protect this artist, it protects the corporation that the artist works for. And THAT is one massive reason why copyright is bullshit.
Copyright doesn’t protect derivative works.
Without copyright, the artist would be unemployed. Because the corporation he now works for could just take his photos without paying him.
Copyright protects his livelihood. And THAT is one massive reason why copyright is necessary.
Correct. There are major flaws and rampant abuse; it truly needs reform. But it absolutely needs to exist and benefit those that create.
Its kind of weird for them to take the fascist thief’s side in pretty much anything
Yet you say “Go Trump.” Copyright law is all it takes for you to publicly support a fascist. Absolutely amazing.
Yep, his watch completely erased any wrong he did and now I am full-on maga train. Isn’t it so great that things are so simple ? You could say white and black :)
