What the H-E Double Hockey Sticks!!! Ok who used my Dealer Button design? (1 Viewer)

[upNdown]

I just did a mini deep dive on copyright and fair use. Based on that, I take back what I said before about @Nuhockey having a right to be pissed - I said that because I hate Tina. But based on this, from copyright.gov, I’m going with no - since he could never hope to have any rights to the product, he’s not entitled to be pissed off, in my mind:

How much do I have to change in order to claim copyright in someone else's work?

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. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. See Circular 14, Copyright Registration for Derivative Works and Compilations.

 

[upNdown]

And further, it’s quite clear that merely using somebody’s art for personal use (and not commercial purposes) does not qualify as fair use. There are a bunch of other factors, one of which is the amount of the work used.
Since he’s used almost the entire work, and only substituted “dealer” for “obey,” my layman’s opinion says that this is a pretty clear example of something that does NOT fall under the fair use doctrine.

 

[Colquhoun]

I dont think @Nuhockey is claiming the Andre artwork as his own. What he did do was take someone elses art and convert it into a dealer button. What I see as his gripe is that someone took the same button idea and ran with it. Does @Nuhockey have the legal rights to it? no...but I think a courtesy for using the button concept within this community was skipped.

 

[Nuhockey]

I dont think @Nuhockey is claiming the Andre artwork as his own. What he did do was take someone elses art and convert it into a dealer button. What I see as his gripe is that someone took the same button idea and ran with it. Does @Nuhockey have the legal rights to it? no...but I think a courtesy for using the button concept within this community was skipped.

Exactly Thanks @Colquhoun I never said the Artwork was my own. I know it was Shepard Fairey's design. I knew of him since the 1990s when I lived in Boston and Cambridge. You couldn't help but see these stickers posted everywhere in both Cities. In fact in the article below it discusses his artwork and how his ideas and some actual art was taken from other people. It talks of how the Obama HOPE shirts and Art Prints he created were stolen from an AP Photographer's photo and how they were suing each other. It also talks about the onetime he did sue someone was during the pandemic was when someone took his Andre art and added a Covid Mask and was selling them for profit claiming it was it was his own artwork. I never claimed the Artwork was my creation, but the Dealer Button was my creation and I never sought to make a profit in any of the DBs I made. Fairey even discusses original artwork with, “The idea of originality is pretty ridiculous. Itʼs virtually impossible to be original."

https://civic.mit.edu/index.html?p=919.html

 

[12thMan]

Does @Nuhockey have the legal rights to it? no...but I think a courtesy for using the button concept within this community was skipped.

Courtesy was definitely skipped at all stages, including OP asking the original artist.

That's what makes this a situation akin to an illicit drug buyer complaining to the police about a drug dealer ripping them off. It would be great if they could enforce the broken law(courtesy) in this specific case by getting stolen money back from the drug dealer, but also ignore the other broken law(courtesy) that led to this situation.

I don't think @Nuhockey is a thief or a bad guy for getting miffed and making a thread, but I do tjink it's just a tad tone deaf to go from privately grumbling about it to yourself to then posting about it.

It would be like if one of my buddies copied my exact build I have done on my wife's 4Runner part for part-- I mean it would be pretty lame and laughable but at the end of the day we're talking about building a white 5th gen 4runner. How unique can it be if I got the idea from somewhere before my buddy got it from me?

 

[upNdown]

I dont think @Nuhockey is claiming the Andre artwork as his own. What he did do was take someone elses art and convert it into a dealer button. What I see as his gripe is that someone took the same button idea and ran with it. Does @Nuhockey have the legal rights to it? no...but I think a courtesy for using the button concept within this community was skipped.

I get what you’re saying. But after consideration, I don’t think he’s owed any courtesy here. But that’s heavily influenced by my feelings against people using whatever the hell art they want for their chips, under claims of fair use.

 

[LinkyBabe]

Oh the irony...