Re: [messengers] Use of likeness without permission (epilogue)

Date: 2 Dec 2010 17:42:20 +0100
From: "Joel Metz" <magpie@xxxxxxxxxxxxxxx>


BINGO.

i may occasionally get miffed that such photos are possible and legal, but
theres well over a century of precedent here in favor of the photographer,
the stock photo collection, the corporation or individual that buys the
photo, and so on.

would you have gone after this with the same fervor had it been a
photographer selling the same photo as art in a gallery or online? or if
someone had painted a picture of the same scene, with marco still readily
identifiable (but again, only to his close friends)? because regardless of
my feelings for the world of advertising, its basically the same thing to
me.

i dont buy that they blurred the face out of consideration of privacy, of
course - its blurred to protect them from having to pay the individual -
but motive aside, it serves to protect both parties. neither do i buy the
whole idea that marco should be "grateful" for this.

this whole thing reeks of a sense of entitlement that bugs me. its
extraordinarily cool that kenda capitulated, and threw marco and corey a
bone, but i must stress that seriously they were under no legal or ethical
obligation to do so. you guys just blagged yourselves a freebie, and kudos
for that, but this whole thing strikes me as ridiculous, and something
that only happens in these days where everyones in fear of internet
denunciations from even the smallest of demographics.

-joel

> If you take a look through stock photo collections you'll find plenty of
> real life photos taken of construction workers, police, airlines ramp
> agents, etc. I'm sure they were never compensated for.  What's the
> difference between you and them?  If they blurred his face it was out of
> consideration the privacy of this anonymous working man on a public street
> and it would make more sense to be grateful than indignant.
>
>
> On Thu, 02 Dec 2010 08:19 -0500, "Corey Hilliard"
> <coreythecourier@xxxxxxxxx> wrote:
>> I thank those of you that responded for your letters to Kenda and emails
>> to
>> me about your opinions in addressing this matter.
>>
>> Viewpoints fell into a few categories on the Marco versus
>> KendaTires/Shutterstock.com/"S.V. Luma" affair:
>>
>> Kenda tires, a big corporation, is exploiting the little guy. Let's
>> boycott
>> their product, hitting them in the pocket.
>> The face in the photo was blurred and unrecognizable. Shutterstock.com
>> and
>> the photographer had every legal right to sell the photo, Kenda Tires
>> the
>> right to use it for advertising.
>> Corey, you have a big mouth and may have smeared the reputation of the
>> wrong
>> person by crying wolf.
>>
>>
>> Now that Kenda has agreed to take care of Marco when he contacts them, I
>> feel justified for making lots of noise. I am not excited about being
>> responsible for temporarily tarnishing the image of Kenda Tires. On
>> reflection, they responded honestly and quickly when confronted about
>> the
>> Marco C. "Commuter" ad.
>>
>> Several photographers and people with a firmer grasp on law have said
>> sale
>> and usage of the picture of Marco on his bike were legal because all
>> logos
>> and his face were edited by Photoshop. Legally, that is true. But during
>> the
>> back and forth of several agitated emails, I discovered that the
>> photographer took random photographs of individuals, selling their image
>> without their knowledge or signature on a release form. While
>> technically
>> what they did was in a legal gray area of acceptability, ethically they
>> have
>> no solid ground on which to stand. But, I ask: if the face was blurred,
>> how
>> was I and several others able to immediately able to recognize our
>> friend
>> Marco? Peer recognition. And being a cyclist who rides for money, use of
>> his
>> photo while he works is equivalent to theft.
>>
>> Yes, I have been boastful, extravagant and silly to the point of
>> embarrassment in the past, but the potential for my friend to be
>> exploited
>> monetarily was too much for me to idly watch and tolerate. I initially
>> became agitated when I saw an ad in a US magazine. After I sent emails
>> asking for opinions on the matter (I know that I am not always right), I
>> was
>> forwarded another ad from someone outside of the US with the same photo
>> of
>> Marco but digitally manipulated so that he faced the opposite direction.
>> It
>> was then I felt stronger the need to stop the ad campaign.
>>
>> Many of the riders in the USA ride in terrible conditions with low pay,
>> no
>> vacation, no real health benefits, no retirement plans, no college
>> reimbursementt and must pay for bicycle expenses out of pocket with the
>> threat of death from every passing car, cab, truck and bus. It is a shit
>> situation, but one in which the rider is aware of the pros and cons.
>> Someone
>> attempting to make money off of messengers while riding in the rain made
>> my
>> blood boil. (I thought about this while riding in monsoon-like
>> conditions
>> yesterday) After much investigations, I was right in being angry. The
>> anger
>> should have been directed toward the photography company that sold the
>> photo
>> and the photographer that tried to exploit people on the street and
>> digitally manipulating their image.
>>
>> When I see Kenda Tire ads in the coming months with a clear photos of
>> Marco
>> Creacy, I will feel vindicated. When you see those ads you should buy
>> their
>> stuff
>>
>> Corey the Courier
>> "There is something wrong in a government where they who do the most
>> have
>> the least. There is something wrong when honesty wears a rag, and
>> rascality
>> a robe; when the loving, the tender, eat a crust, while the infamous sit
>> at
>> the banquets" -Robert G. Ingersoll.
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>>
> _________________________
> .  Roy Wilkie
> :  Deft Courier
> :. http://deftcourier.com
> :: (206) 245-8843
>
> DC 112*144616*5
>
>
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-- 
joel metz : magpie@xxxxxxxxxxxxxxx : http://www.blackbirdsf.org/
magpie messenger collective   :    http://magpiemessenger.com/
==
          i know what innocence looks like - and it wasn't there,
                                after she got that bicycle...