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

Date: 2 Dec 2010 17:43:21 +0100
From: Julio Saravia <saravia.julio@xxxxxxxxx>


"golf clap"...yay!  while i applaud corey for his contined efforts to
destroy "da man" and thank him for a lot of entertainment while at work i
anxiously await an answer to a good question by roy.  please wait to reply
until after my popcorn is done...thanks.

el dispatcher,
~j.dot

On Thu, Dec 2, 2010 at 10:20 AM, Roy Wilkie <roy@xxxxxxxxxxxxxxx> wrote:

> 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.
> > _______________________________________________
> > Messengers mailing list
> > Messengers@xxxxxxxxx
> > http://ifbma.org/cgi-bin/mailman/listinfo/messengers
> >
> _________________________
> .  Roy Wilkie
> :  Deft Courier
> :. http://deftcourier.com
> :: (206) 245-8843
>
> DC 112*144616*5
>
>
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>



-- 
Julio Saravia