In favor of Jay Maisel

with one comment

Mike Johnston of The Online Photographer favors Jay Maisel’s cause against Andy Baio:

I side with Jay in this one. That is, I think the Kind of Bloop cover is indeed a case of infringement and does not qualify as Fair Use … the issue hinges on “derivative” vs. “transformative” works of art. You’re allowed to transform (create something new on the shoulders of the old); you’re not allowed to derive (copy, even loosely—even in another medium). Sometimes it does take a jury to decide which is which. Sad but true.


One Response

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  1. I think the thing that makes this story so polarizing is that it wasn’t so much as if it was copyright infringement or not (transformative/derivative are merely technicalities IMHO) – but that Maisel had decided to go after Baio the way he did when simply asking the latter to stop using his works would’ve sufficed as a first move.

    The undeniable truth is if Maisel was MERELY after protecting his copyright (which is basically what he wants people to believe so he wouldn’t look like such a bully), it doesn’t hurt to ASK before suing. If Baio turned out to be an asshole about it after he had been asked nicely – then by all means sue the man for all he’s got.

    Unfortunately, its clear that Maisel had a choice to be the decent/bigger person and chose to be greedy instead – and THAT makes him a giant douchebag in my book.

    Carlo Santos

    June 25, 2011 at 7:26 PM

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