Posted on 01/24/2014 7:30:49 PM PST by Uncle Chip
after he 'stole' their photographer's image for his latest painting
George Zimmerman's recent foray into the art world hasn't exactly earned him much critical praise. But it's definitely garnered him some attention - so much so that it could potentially get him sued by one of the largest news-wire services on earth.
For his latest painting, the man acquitted of murder in the shooting death of unarmed Florida teen Trayvon Martin has painted a portrait of Florida State Attorney General Angela Corey, who is the woman who decided to charge Zimmerman with murder in Martin's death.
The problem for Zimmerman, however, is that the photo he used as the basis for his painting is owned by the Associated Press, and the wire service doesn't appear too keen on the idea of letting Zimmerman use it free of charge.
The photo was taken at a press conference Corey held in April of 2012 by AP photographer Rick Wilson. Now, both Wilson and the AP have taken action to prevent Zimmerman from using the image.
'George Zimmerman clearly directly copied an AP photo to create his painting of Florida State Attorney Angela Corey,' AP spokesman Paul Colford said in the statement to ANIMAL New York.
'The AP has sent a cease-and-desist letter asserting its copyright in the photo to the lawyer who recently represented Zimmerman. That lawyer has responded, and though she no longer represents Mr. Zimmerman, she will be forwarding the letter to him today.'
Wilson also has hired an attorney, John Phillips, who confirmed to the Orlando Sentinel that Wilson is prepared, 'in conjunction with the AP, to file suit against him.'
(Excerpt) Read more at dailymail.co.uk ...
It’s not ridiculous. He clearly copied the likeness from the copyrighted image onto his photo. It might be considered a derivative work, but it’s not his original image. The original image belongs to the AP. If he’d just posted it on his Facebook page, I’m sure nothing would happen, but when it gets lots of publicity and he’s trying to sell it for $100,000, then they’re going to take notice.
>> What if he painted her from memory? The AP needs to prove he didn’t.
I think AP needs to prove that the image they claim he copied is theirs exclusively. It’s not. The image/video was also broadcast by numerous companies. Also, she habitually makes the same gesture so Z could very well have draw it from memory.
He’s still a folk hero in my book. AP has no chance as this has been covered by the courts since time began. I could see they may have a case if he was selling lithographs but even then if it’s iconic enough and with significant artistic representations he’s in the clear there too.
He should sue them for using pictures of him.
I wish him well and at this point believe he’s simply being harassed by evil forces of rage and hate.
he should call it satire, that would make it legally allowable.
.........
did you know that if you lovingly produce an episode of Star Trek that is a serious attempt to be Trek, you aren’t allowed to make a dime. But if its all funny and poking fun at Star Trek, then it is allowable.
Kind of strange, really.
The rules are there. More like he needs a good attorney. This isn’t new legal territory. It’s been well covered over the years. At the same time the AP photographer was taking his picture, dozens of other news agencies where filming it and have the contextually identical picture. If the picture was used editorially, then Zimmerman has even a stronger case because then it would have been presented to the public contextually as opinion.
News is a whole different beast than say a macro photographer that catches a stunning picture of nature.
I slept at Holiday Inn last night so I’m pretty sure I’m right.
I have a friend who is a painter. She said if a photo is copyrighted, you can’t paint the image per se and call it an original/sell it. Otoh, if you use the photo as inspiration but make at least seven significant changes, the painting is considered original and you can do anything you want w it.
Zimmerman’s painting is too much like the copyrighted photo—almost identical to it overall. He should have made sufficient changes to call it his own. He really does need a lawyer helping him out w this. It won’t be hard to do, once he gets the hang of it.
He added words. More than seven.
The image itself is still identical to the copyrighted image. It’s the image he needed to modify, not the caption/text.
This is a frivolous lawsuit which should result in AP having to pay legal expenses and punitive damages in a just legal system. However, I have little confidence of that.
If he looses I recommend that he repaint her outfit as an orange jumpsuit and call it satire.
George needs to find him a nice quiet little town out in the sticks. Settle down with a simple woman and be silent for a while. Such places still exist. I live in one.
But so far, he has not done anything like that.
if you are talking about the Obama "HOPE" poster, that was Shepard Fairey and he didn't Draw the Obama pic he scanned it and then used photoshop to alter it.
Fairey made his bones by being a street artist his most famous bit is his OBEY Icons.
That is Andre the Giant of Wrestling fame.
Here’s a partial exposition of law:
Question: Artist’s Copyright FAQ: May I Make a Painting of a Photograph?
“I’ve found a lovely photo on the Internet and want to make a painting of it. Can I do this?” — A.G.
Answer:
A painting made from a photograph is known as a derivative work. But that doesn’t mean you can simply make a painting from any photo you find — you need to check the copyright situation of the photo. Don’t assume because the likes of Warhol used contemporary photos that it means it’s okay if you do.
The creator of the photograph, i.e. the photographer, usually holds the copyright to the photo and, unless they’ve expressly given permission for its use, making a painting based on a photo would infringe 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.”1 You may be able to obtain permission to use a photo for a derivative work from the photographer, or if you’re using a photo library buy the right to use it.
http://painting.about.com/cs/artistscopyright/f/copyrightfaq5.htm
The New CNN Logo? hee hee hee
Noted.
Thanks.
We need a Stand Your Canvas law.
According to my default MSNBC default home page, this is the most important story in the world. It is the lead story when you first call up the page.
The Barack Obama "Hope" poster is an image of Barack Obama designed by artist Shepard Fairey.
In January 2009, the photograph on which Fairey based the poster was revealed to be an Associated Press photo shot by a former Associated Press freelance photographer.
The Associated Press sued Fairey for compensation.
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.
In September, Fairey was sentenced to two years of probation, 300 hours of community service, and a fine of $25,000.
GZ paintings at this rate will be worth millions.
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