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Sarah Palin and her PAC slapped with federal lawsuit for using iconic 9/11 photo
Mail Online ^ | 13 September 2013 | Daily Mail Reporter

Posted on 09/13/2013 11:19:26 PM PDT by Windflier

Edited on 09/14/2013 6:38:24 AM PDT by Admin Moderator. [history]

Sarah Palin and her political action committee have been named in a copyright infringement lawsuit over the use of an iconic 9/11 photo.

The newspaper publisher North Jersey Media Group Inc. is suing the former Alaska governor for posting a copy of the image on Palin’s SarahPAC website and her personal Facebook page without permission.

The photo depicts three New York City firefighters hoisting an American flag among the rubble at the World Trade Center after the 2001 attacks.




TOPICS: Miscellaneous; News/Current Events; US: Alaska; US: New Jersey; US: New York
KEYWORDS: 911; alaska; copyright; newjersey; newyork; newyorkcity; palin; photo; sarahpalin
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To: OCMike
The law is very clear. If you click the shutter, you own the image.

So then if I click a picture of you doing something, I can market and sell that image as much as I want potentially making millions of dollars and you, the subject of the image can do nothing about it?

41 posted on 09/14/2013 3:26:41 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Sherman Logan

I understand the principle of photo ownership and copyright, but I think there should be a fair use standard applied to photos or video footage that are newsworthy, which I consider this photo to have become.


42 posted on 09/14/2013 3:27:58 AM PDT by 9YearLurker
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To: lucky american

Just did the same. Let the bastard try suing me. That’ll be like getting blood from a stone.


43 posted on 09/14/2013 3:30:46 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: 9YearLurker
I understand the principle of photo ownership and copyright, but I think there should be a fair use standard applied to photos or video footage that are newsworthy, which I consider this photo to have become.

She pur her logo in the photo. (see lower right corner) That is a no no for any possible fair use claim.

44 posted on 09/14/2013 3:35:21 AM PDT by quimby
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To: quimby

Fair enough.


45 posted on 09/14/2013 3:55:16 AM PDT by 9YearLurker
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To: quimby

Maybe I wasn’t clear: your point seems fair enough.

They should have known better.


46 posted on 09/14/2013 3:55:47 AM PDT by 9YearLurker
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To: quimby
She pur her logo in the photo. (see lower right corner) That is a no no for any possible fair use claim.

Didn't see that the first time, had to go back and look -- you're right.

That certainly does put her/her people in a bad position trying to claim "fair use."

47 posted on 09/14/2013 3:59:03 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Rodney Dangerfield
"Like I said last nite, the media will never let Palin become President."

You're right, Rodney. The media is our biggest foe.

Our task is to defeat the media.

We need to come up with ways to do it.

I have always believed that we could beat them at their own game. I'm sure there are many media types with many "problems." Like drug, alcohol, sex addictions.

Like marital, financial, gambling, ... problems.

Bring these things out to the public. Take pictures of them. Post them online, etc.

Maybe get some Private Investigators to help.

48 posted on 09/14/2013 4:10:19 AM PDT by FroggyTheGremlim (Palin was right (again)!)
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To: Windflier

How many people also “shared” it? I am pretty sure I shared it!! Idiots!


49 posted on 09/14/2013 4:16:30 AM PDT by Cricket24
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To: peggybac
Are the millions of folks also going to be sued for posting that pic on Facebook?

This photo is managed by Getty. The answer is yes. Getty is notorious and relentless. They will sue for the use of a square centimeter cut and pasted from a 1 meter square picture, rotated, re colored, and flipped backwards. . . Their software WILL find it on the web and you WILL receive a demand letter for a license for an amount over $1000 for your illegal use of their image threatening a lawsuit if you don't pay! They put their copyrighted images on FREE image sites, include them in free website templates, wait until unsuspecting people have used them for a while, the drop on them like a ton of bricks!

I have a file full of demand letters from Getty to my company demanding payment for the use of just such a fractional image. . . That WE had nothing to do with! A website designer made a sample website, put our office name on it so he could show us what he could do for us. . . As a DEMO website. Purely on spec! We did not ask him to do it! He came in and said "I want to show you something. . ." Asked to use our computer and linked to a website that had a nice looking design... with a background scene he'd cut from a larger picture HE was licensed to use from Getty. We told him, "Sorry, not interested. We have a web designer."

It was up less than a week, but Getty's crawler found that website, found their fractional image, and for over three years they've been DEMANDING that we pay them $1695.00 for the use of that stupid photo, which according to them we were using promoting our business!!!! They do not care that we did not use it. They don't care that they licensed the web guy to use it. They don't care that we did not solicit it, or that it was not posted by us. They ignore our attorney's cease and desist letters to them. They keep sending the demand letters and making the demanding calls.

50 posted on 09/14/2013 4:25:48 AM PDT by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
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To: All
More ankle biting...it's yet another baseless, frivolous lawsuit that should immediately get tossed out of court, especially since there was no commercial intent.

Fair Use

51 posted on 09/14/2013 4:29:13 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: jsanders2001

Getty (and Corbis too) also go around slapping their own copyrights on public domain photographs held at the Library of Congress. Their attack hacks threaten anyone who unknowingly use the photos, and I’ve had to point out to them repeatedly that the provenance is actually NARA-Still Picture Branch and not Getty, at which point their lawyers suddenly shut up.


52 posted on 09/14/2013 4:38:21 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: OCMike
The image depicted here was not used for editorial use or personal use. It was used commercially.

No it wasn't. SarahPAC is a non-profit, and the image is so iconic and widespread now that Fair Use certainly applies, especially since it was used to commemorate 9/11 and not to solicit funds or advertise for a particular candidate.

53 posted on 09/14/2013 4:41:21 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: Progov
Well, the key thing here is that rather than send a quiet cease-and-desist letter (which could have been contested anyway), the claimant here immediately jumped to expensive litigation as its preferred remedy for its perceived injury.

It's certainly a political attack, and nothing else.

54 posted on 09/14/2013 4:44:46 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: Windflier
The photo was pulled from Pain's Facebook page Friday.

PAIN? Ha, ha!

55 posted on 09/14/2013 4:45:01 AM PDT by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: Timber Rattler

> Getty (and Corbis too) also go around slapping their own copyrights on public domain photographs held at the Library of Congress. Their attack hacks threaten anyone who unknowingly use the photos, and I’ve had to point out to them repeatedly that the provenance is actually NARA-Still Picture Branch and not Getty, at which point their lawyers suddenly shut up

It doesn’t bother me one bit when guys like this end up having to close doors because of their own sleaze tactics. Of couse they always start up again under another name but it costs ‘em to do so.


56 posted on 09/14/2013 4:49:22 AM PDT by jsanders2001
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To: Windflier

Then they better sue the millions on facebook who also used the same photo on 9/11.


57 posted on 09/14/2013 5:00:52 AM PDT by rintense
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To: DISCO
"How about the firefighter patriots sue these idiots for using their pictures?"

NEVER happen; they're Union Members, and on the same side as the anti-Sarah dorks.....

58 posted on 09/14/2013 5:02:34 AM PDT by traditional1 (Amerika.....Providing public housing for the Mulatto Messiah)
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To: Windflier; Jim Robinson; onyx; Abbeville Conservative; abigailsmybaby; afnamvet; alley cat; ...
Ping to Sarah's Awesome List!

You Shall Not Question Emperor Obamuius Maximus and get away with it.

Pick Your Target, Freeze It, Polarize It, (and keep suing them, much like the IRS targeting the Tea Party)


59 posted on 09/14/2013 5:13:45 AM PDT by KC_Lion (Build the America you want to live in at your address, and keep looking up.-Sarah Palin)
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To: Rodney Dangerfield
But Homosexuality, Bashing religion, Trashkardian TV, Miley Cyrus, Trayvon Idolization, etc...are glamorized by the media, which is comprised mostly of queers, fema-nazi’s, marxists and America-haters/Obama-lovers...

100% correct.

60 posted on 09/14/2013 5:15:22 AM PDT by SoFloFreeper
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