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

Date: 2 Dec 2010 18:22:02 +0100
From: Julio Saravia <saravia.julio@xxxxxxxxx>


yes, i know you followed it up with "im not making an attempt to compare"
but, wow!  thats a great quote...maybe not for this purpose but still a
great quote...maybe you wanted something more like this...

*There are laws to protect the freedom of the press's speech, but none that
are worth anything to protect the people from the press.[Mark Twain]
*
i completely understand both sides of the coin.  i was looking for more
quotes with the word law in it and came accross this gem...

 *Haven't you learned anything from that guy that gives those sermons in
church? Captain What's-his-name. We live in a society of laws, why do you
think I took you to see all those Police Academy movies? For fun? Well I
didn't hear anybody laughing! Did you? Except at that guy who made sound
effects. Vroom! Beep! Honk! Honk! Ha-ha. Where was I? Oh yeah, stay out of
my booze![Homer Simpson]

*j.dot...
On Thu, Dec 2, 2010 at 11:10 AM, Kevin Stewart <kevinstewy@xxxxxxxxx> wrote:

> I applaud you Corey, good lookin out for a fellow courier.
>
> While I fully understand everybody's "legality" stance, I still hold
> on to the ideal that just because something is "legal" does not make
> it "right"
>
> I think we should thank people like Corey who have the stones to stand
> up and make some noise when they see a CORPORATION, or ARTIST taking
> every advantage possible to make a buck. Let them know, or who knows
> where they'll stop.
>
> my 2 pennies.
>
> -Stewy
>
> "Never forget that everything Hitler did in Germany was legal."
> --Martin Luther King
>
> (I'm making no attempt at comparing the Holocaust with Marco's dorky
> picture... I'm sure somebody would have commented to such... I'm just
> saying. Marco, really, orange and blue and red and sooo many colors in
> that Pic... I'm actually surprised a company would use that.)
>
> On Thu, Dec 2, 2010 at 11:46 AM, Julio Saravia <saravia.julio@xxxxxxxxx>
> wrote:
> > not too long ago a florida man got about 3 mil from mcdonalds or some
> fast
> > food joint because when he bit into the burger it squirted hot greese on
> him
> > and he suffered burns.  im not saying...im just saying...peace.
> >
> > On Thu, Dec 2, 2010 at 10:43 AM, Julio Saravia <saravia.julio@xxxxxxxxx
> >wrote:
> >
> >> "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
> >>>
> >>>
> >>> _______________________________________________
> >>> Messengers mailing list
> >>> Messengers@xxxxxxxxx
> >>> http://ifbma.org/cgi-bin/mailman/listinfo/messengers
> >>>
> >>
> >>
> >>
> >> --
> >> Julio Saravia
> >>
> >>
> >>
> >
> >
> > --
> > Julio Saravia
> > _______________________________________________
> > Messengers mailing list
> > Messengers@xxxxxxxxx
> > http://ifbma.org/cgi-bin/mailman/listinfo/messengers
> >
>



-- 
Julio Saravia