Sunday, February 15, 2009

Copyright Infringements - Then and Now

Between Shepard Fairey, the Associated Press, TMZ and TechCrunch, the copyright lawyers must be busy indeed.

TMZ isn't infringing, but they are reporting on an infringement of the iconic 1978 poster of Farrah Fawcett from the 1970's (at right), by Bruce McBoom. The story goes that a small poster company called Pro Arts, Inc wanted Fawcett to pose in a bikini, and she instead insisted on the red one-piece, but it was apparently a chilly day that day, which is one of the things that made this poster stand out and become one of the best-selling posters of all time.

So, what's the problem? According to TMZ "Fawcett is suing Bio-Graphics inc., Pie International Inc. and author T.N. Trikilis, claiming that Trikilis "has falsely asserted to third parties that [Fawcett] does not own any rights in the photographs." , and that allegation has the potential to diminish Fawcett's ability to continue to license the image in the future, should people become confused about who to write the reprint/relicense/reuse checks to, so, she's suing for $100,000 or more. Maybe Bio-Graphics someone came into possession of the assets of Pro-Arts when they filed for bankruptcy at the end of 1981, or maybe not. But they're saying they have exclusivity, she's saying they don't. Maybe the author of the book about Pro Arts, T.N. Trikilis is just trying to promote his book?

Further, the well-respected website TechCrunch is allegedgly infringing on a Flickr photo, according to Will Seberger over on his blog here - Is TechCrunch Listening? (2/10/09), and Seberger's been in contact with the photographer in question, who has indicated she gave no permission for the photo's use.

(Comments, if any, after the Jump)

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.


Anonymous said...

Gizmodo is stealing pics, too:

Rick Lewis said...

What the hell is going on today. Anyone remember the book "Everything I Needed to Know I Learned in Kindergarten" by Robert Fulghum? One of the "things" is don't take things that aren't yours!

It just never ceases to amaze me at the audacity of some, at the expense of others.


Anonymous said...

Hopefully some of these things will end with noteable judgements and at some point it will start to seep into corporate culture that "Things aren't yours, just because you can grab them."

Anonymous said...

Chicago photographer,

I'd agree, but with one caveat: it's going to take noteable judgements that are public. Too often the payouts in some of these cases carry onerous confidentiality clauses.

Anonymous said...

Lots of people out there steal pics. It sucks but its reality.

Anonymous said...

mens clothing men's sweate, cheap columbia jackets, lacoste sweater, ralph lauren polo shirts,ski clothing. Free Shipping, PayPal Payment. Enjoy your shopping experience on

Anonymous said...

nike tnEnter the necessary language
translation, up to 200 bytes winter, moves frequently in Chinanike chaussures showing that the deep strategy of the Chinese market. Harvard Business School, tn chaussures according to the relevant survey data show that in recent years the Chinese market three brands, Adidas, Li Ning market share at 21 percent, respectively,

Anonymous said...

puma shoes
chaussures pumacheap polos
polo shirts
ralph lauren polo shirtssport shoes
ugg boots
trade chinalacoste polo shirts
chaussure puma femmewedding dresses

Anonymous said...

converse shoes
wedding dresses
wholesale polo shirts
brand clothingcheap clothing
clothes sportspolos shirtair shoesair shoes

Anonymous said...

Bought the Tennis Racquet is important, exercise can reduce the harm, especially for the wrist injury. But the good of Tennis Racket in general in the real prices are more expensive, so a lot of websites now have cheap tennis racquettennis racquet discountcheap tennis racketdiscount Tennis Racket .

Anonymous said...

head junior tennis racketwilson tennis racquet
wilson tennis racket
head tennis racketbabolat tennis racket

Unknown said...

I had never see a blog batter than this blog, I like this blog very very much.By the way, do you like my products: street lights, street lighting, street lamps, ball valves, butterfly valves, butterfly valve handles, check valves, sanitary fittings, butterfly valve handles, butterfly valve handles, solar street lights, street light, valve manufacturer, butterfly valve handles, valve manufacturers, butterfly valve handles, street lamp, solar street light, ball valve, butterfly valve handles, butterfly valve, check valve,valves manufacturers, butterfly valve handles

Newer Post Older Post