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".
The watch website says the final version may not look like the pictures. Also they don't have a production or delivery timeline and no promises of delivery.
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.
Actually no, when you go to a professional photographer to have your picture taken, you pay for it. Because they put in the work and need to be compensated for it. By that logic people would never have to pay photographers for portraits, weddings, none of that. Just because you’re in a picture doesn’t mean you don’t owe a debt to the person who took it.
Hm yes, but if someone takes a picture of me without me asking for it that's different
It is different only in that - in some jurisdictions at least - you can ask for the picture to be taken down or destroyed, and then not if you are a public person appearing in public like Trump is in this case. But that still does not give you the right to use the picture for your own gain without compensating the photographer. Because then you clearly not only have no objections to the picture being taken, but you value that picture, want to use it publicly, commercially even, and again, you owe a debt to the person who took it and in fact depends on people paying for their pictures for their livelihood.
Only if you're in a public place without a reasonable assumption of privacy (or whatever the specific legal wording is).
You're not coming up with some clever loophole, all of this has been litigated already in the past.
One of the first lessons we learned when I took a photography class in high school is that it's legal to take photos of people in public places. Just try not to be a dick about it.
Yeah, but if I then want to put that picture of me on my social media page or a website or the back of a cheaply-manufactured wristwatch or what have you, why is the photographer allowed to tell me no?
Because you don't own the image. You are not images of yourself. Are you one of those people that thinks cameras steal a part of your soul or something? This isn't difficult to understand.
Considering it's me in the picture, and thus my reputation on the line if it gets misused, I think I should have some say.
Thanks for strawmanning me though.
Well if you want an argument based on ‘first principles’, because the photographer actually put work into producing this picture, let alone their knowledge, likely expensive equipment, and hard earned skill to take a truly great shot, whereas you did nothing for it. Unless you are a professional model, but then you probably got compensated for your work as part of a deal.
Now the uses you describe are very different. Some are more casual and non-commercial in nature. Courts will consider such factors in a copyright infringement case.
Now does the above mean you have absolutely no say in what happens to a picture of you taken by someone else? Not exactly, you can also prevent third parties from using the likeness of you for purposes that might be damaging to your dignity or reputation, again, in some jurisdictions, I do not know the details. I am not a lawyer and it was a long time ago I studied these subjects. But basically my point is that the fact that it’s you in the picture may matter to an extent, depending on laws protecting personhood in your country, but not in the way you assumed where every photo of you is yours for the taking.
Yeah try getting copies of a copyrighted portrait made. Wedding photos, school portraits, you name it. Not yours.
This would decimate the photography industry.
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.
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.
Sure. But it's my understanding also that a picture in a public place of me would be fair game. But if someone were to monetize it or use it to promote a product I thought this needs permission. Otherwise why do I usually sign a release when the photo of me is going to be used for advertisements by my workplace for example. The people that asked this of me were professional photographers as well and we were in a public space. I guess I just wonder what release forms and things are for
They have you sign the release so you won't annoy them with a frivolous lawsuit which will still cost them money to use a lawyer to fight it.
They don't have to do it.
Unless you take a picture of an.... copyrighted landmark...
That's how you exit the matrix
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
Welcome to copyright law
Add it on the pile hoss, there's a lot of shit to shovel
Trumpers razor, the correct solution is most often crime
Meh. The courts are set up to prevent laws from ever applying to Trump anyway. What's copyright law on the bonfire?
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
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.
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.
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.
ITT: people that have been stealing or paying for creative work through selling their data for so long they forgot (or never knew) laws about this exist and/or how they work.
Considering how many people think they're just one boring stream of them playing a video game away from making it big as a "content creator," it's petty shocking.
The font/script they chose makes it look like it reads "anus dumper" in cursive.
200m is how far you can walk before the watch falls apart.
Throw it on the pile.
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