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AP serves George Zimmerman with a cease-and-desist order....
The Daily Mail Online ^ | January 24, 2014 | Daily Mail Reporter

Posted on 01/24/2014 7:30:49 PM PST by Uncle Chip

after he 'stole' their photographer's image for his latest painting

George Zimmerman's recent foray into the art world hasn't exactly earned him much critical praise. But it's definitely garnered him some attention - so much so that it could potentially get him sued by one of the largest news-wire services on earth.

For his latest painting, the man acquitted of murder in the shooting death of unarmed Florida teen Trayvon Martin has painted a portrait of Florida State Attorney General Angela Corey, who is the woman who decided to charge Zimmerman with murder in Martin's death.

The problem for Zimmerman, however, is that the photo he used as the basis for his painting is owned by the Associated Press, and the wire service doesn't appear too keen on the idea of letting Zimmerman use it free of charge.

The photo was taken at a press conference Corey held in April of 2012 by AP photographer Rick Wilson. Now, both Wilson and the AP have taken action to prevent Zimmerman from using the image.

'George Zimmerman clearly directly copied an AP photo to create his painting of Florida State Attorney Angela Corey,' AP spokesman Paul Colford said in the statement to ANIMAL New York.

'The AP has sent a cease-and-desist letter asserting its copyright in the photo to the lawyer who recently represented Zimmerman. That lawyer has responded, and though she no longer represents Mr. Zimmerman, she will be forwarding the letter to him today.'

Wilson also has hired an attorney, John Phillips, who confirmed to the Orlando Sentinel that Wilson is prepared, 'in conjunction with the AP, to file suit against him.'

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Arts/Photography
KEYWORDS: ap; asspress; copyrightlaw; zimmerman; zimmermanpaintings
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1 posted on 01/24/2014 7:30:49 PM PST by Uncle Chip
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To: sheikdetailfeather

ping


2 posted on 01/24/2014 7:31:27 PM PST by Uncle Chip
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To: Uncle Chip

Warning: you now can be sued for drawing something


3 posted on 01/24/2014 7:33:50 PM PST by Viennacon
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To: Uncle Chip

FUAP.


4 posted on 01/24/2014 7:34:12 PM PST by fieldmarshaldj (Resist We Much)
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To: Viennacon

this is getting more and more ridiculous


5 posted on 01/24/2014 7:35:21 PM PST by GeronL (Vote for Conservatives not for Republicans!)
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To: Uncle Chip

Florida State Attorney General Angela Corey?

What a disgusting POS.

He should have put a pigs nose on her.

Hard to believe people like her are given power and authority.


6 posted on 01/24/2014 7:35:22 PM PST by dragnet2 (Diversion and evasion are tools of deceit)
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To: Viennacon

I'm sure they're filing lawsuits against all the Zero sycophants for copying their "Zero with a Halo" photos they always seem to be taking.

7 posted on 01/24/2014 7:36:19 PM PST by fieldmarshaldj (Resist We Much)
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To: Viennacon

imagine the NUMBER of lawsuits against andy warhol if this attitude had existed some decades ago.

he have died in debtors prison.

im no big warhol fan by the way


8 posted on 01/24/2014 7:37:08 PM PST by MeshugeMikey ("When you meet the unbelievers, strike at their necks..." -- Qur'an 47:4)
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To: Uncle Chip

AP can naturally go to the lowest level of hell. But still, I can’t see why Zimmerman can’t wrap his head around the idea of laying low. he’s gonna be nailed to the wall everytime he gets so much as a parking ticket. Maybe he should give going off the grid a shot.


9 posted on 01/24/2014 7:37:29 PM PST by freedom462
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To: Uncle Chip

The photo is copyrighted, the subject is not. He is not using the photo. He painted a depiction. If I paint a Ford F150, am I infringing on Ford’s patents?

This is crazy AP crap.


10 posted on 01/24/2014 7:37:58 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: Uncle Chip

Didn’t the guy who created the Che Obama poster use a copyrighted image?


11 posted on 01/24/2014 7:38:00 PM PST by Rebelbase (Tagline: optional, printed after your name on post)
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To: Uncle Chip

Two defenses:

Fair political use.

After seeing her, Stand Your Ground.


12 posted on 01/24/2014 7:38:04 PM PST by Scrambler Bob ( Concerning bo -- that refers to the president. If I capitalize it, I mean the dog.)
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To: fieldmarshaldj

Holy cow! The Catholic Church needs to sue the AP!!!


13 posted on 01/24/2014 7:38:27 PM PST by Viennacon
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To: Uncle Chip

Hey ‘Uncle Chip’ ....How does a rendition of a photograph violate a copyright.....its not like he reproduced the label of your can of soup.....now that would be ...Wrong.


14 posted on 01/24/2014 7:38:37 PM PST by virgil283 (When the sun spins, the cross appears, and the skies burn red)
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To: freedom462
Some men won't live like sniveling cowards.

/johnny

15 posted on 01/24/2014 7:38:45 PM PST by JRandomFreeper (Gone Galt)
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To: SampleMan

You can’t paint Elvis on velvet.


16 posted on 01/24/2014 7:39:02 PM PST by Scrambler Bob ( Concerning bo -- that refers to the president. If I capitalize it, I mean the dog.)
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The AP must be mistaken. In the picture they took Angie is wearing her necklace with a cross.

This must be a different picture — different day — or maybe a different Angie.


17 posted on 01/24/2014 7:45:25 PM PST by Uncle Chip
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To: Uncle Chip

After sitting through a lengthy trial and seeing her right there in the courtroom for weeks I would think her face would be burned in his memory. That is obviously what he painted her from memory.


18 posted on 01/24/2014 7:46:17 PM PST by cquiggy
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To: JRandomFreeper

This isn’t about cowardice, it is a manner of basic survival instinct. Zimmerman had not been acting intelligently at all since the trail; getting in a domestic abuse dispute was about one of the dumbest things he could possibly conceive of. The fact that the chosen source of massive race baiting hysteria is someone with a highly limited at best amount of situational awareness. It essentially allows the race card players to even further extend their credit limit.


19 posted on 01/24/2014 7:46:26 PM PST by freedom462
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To: Uncle Chip

A drawn picture is not a copy AP IDIOTS!


20 posted on 01/24/2014 7:48:17 PM PST by plainshame
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To: Rebelbase

Yes, and he was sued as well.


21 posted on 01/24/2014 7:50:02 PM PST by Vince Ferrer
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To: Uncle Chip

How do they know Z wasn’t watching TV?

http://www.firstcoastnews.com/video/1557465338001/2451226069001/Angela-Corey-Press-Conference-Decision-on-George-Zimmerman


22 posted on 01/24/2014 7:50:32 PM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: freedom462

He can’t get a job; he’s in debt and needs $. He’s trying to make an income via painting. He just needs someone to explain the rules of copyrighted photographs to him, and he’d be okay.


23 posted on 01/24/2014 7:51:06 PM PST by Fantasywriter
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To: freedom462
He was cleared on the domestic. He's living his life not worrying about what you think.

/johnny

24 posted on 01/24/2014 7:52:07 PM PST by JRandomFreeper (Gone Galt)
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To: Uncle Chip

Now why did Andy Warhol get sued but they want to sue George for the same thing?


25 posted on 01/24/2014 7:54:24 PM PST by GOP Poet
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To: Scrambler Bob

Elvis is copyrighted. But Corey isn’t.


26 posted on 01/24/2014 7:59:40 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: Uncle Chip
GZ’s got serious $$$ coming to him from NBC...and perhaps others as well.He'd be wise to accept a seven figure settlement and live simply off the interest.
27 posted on 01/24/2014 8:01:13 PM PST by Gay State Conservative (Osama Obama Care: A Religion That Will Have You On Your Knees!)
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To: Gay State Conservative

Has NBC made a definite offer? I thought they were still fighting it.


28 posted on 01/24/2014 8:02:59 PM PST by Fantasywriter
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To: Viennacon
Warning: you now can be sued for drawing something

A lot of artists, professional and amateur, have gotten into legal and financial trouble by using reference photos without permission of the photographer. Copyright law states that a photographer has the rights to his own photographic images. They can and do sue if you use the image without getting permission and/or paying for the use. This is not specific to Zimmerman, though his own fame no doubt drew the attention of the AP photographer in a way a person who wasn't a public figure might not have done.

No joke, I know a woman who painted a picture of a horse and submitted it to a contest. Someone else suggested that she had used his photo as her reference. The contest organizers correctly made her prove that she had used a different reference photo as the basis of her painting and had gotten the legal right to it.

29 posted on 01/24/2014 8:04:00 PM PST by ottbmare (the OTTB mare, now a proud Marine Mom)
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To: dragnet2; All
Florida State Attorney General Angela Corey?

the writer of the article needs to make a correction.

Corey is NOT Florida Attorney General. Pam Biondi is.

30 posted on 01/24/2014 8:05:51 PM PST by kingattax (America needs more real Americans.)
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To: ottbmare

It would seem that the copyright of the image belongs to the horse (even in the case of Corey).


31 posted on 01/24/2014 8:10:28 PM PST by Paladin2
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To: Uncle Chip

this is protected under freedom of speech, unless it’s a perfect rendition


32 posted on 01/24/2014 8:10:34 PM PST by sten (fighting tyranny never goes out of style)
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To: Uncle Chip
What if he painted her from memory? The AP needs to prove he didn't.
33 posted on 01/24/2014 8:10:35 PM PST by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: Uncle Chip

Maybe he’s gotten used to being in the spotlight and wants to stay there?


34 posted on 01/24/2014 8:11:31 PM PST by Ken H (What happens on the internet, stays on the internet.)
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To: Uncle Chip; a fool in paradise

How did Andy Warhol deal with such things, I wonder. Did he obtain rights?


35 posted on 01/24/2014 8:11:43 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious! We reserve the right to serve refuse to anyone!)
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To: Uncle Chip

I’d tell AP to piss off, that it was drawn from memory. Let them try to prove it wasn’t...

They sued Shepard Fairey over the famous Obama image on the same grounds, saying he based it on their photo. They cut a deal to share the profits from Fairey’s work, and you just know they’ll be happy to make a good deal with GZ /s

And I’m sure the ACLU will be on the case, helping defend one’s right to freedom of expression...


36 posted on 01/24/2014 8:12:43 PM PST by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: Fantasywriter
He can’t get a job; he’s in debt and needs $.

When he gets his Kel-Tec back, he should put it up for auction.

37 posted on 01/24/2014 8:13:28 PM PST by Jeff Chandler (Obamacare: You can't make an omelette without breaking a few eggs.)
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To: Jeff Chandler

“When he gets his Kel-Tec back, he should put it up for auction.”

If Ebay wd even let him list it. Beck tried to sell some item, I forget what, submerged in fake urine, and Ebay pulled it pretty quickly. The management is liberal, from what I’ve been able to discern.

Zimmerman likes to paint, and if his first painting [also copied from a photo] is any indication, there’s a market for his work. He just needs to learn the laws of copyrighted photos and start doing more original art.


38 posted on 01/24/2014 8:18:14 PM PST by Fantasywriter
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To: Uncle Chip
CNN should sue for subject matter likeness.


39 posted on 01/24/2014 8:22:02 PM PST by Rebelbase (Tagline: optional, printed after your name on post)
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To: Uncle Chip

I guess the ap idiots think the pics you draw of anything they print they own.INSANITY!


40 posted on 01/24/2014 8:24:37 PM PST by plainshame
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To: GeronL

It’s not ridiculous. He clearly copied the likeness from the copyrighted image onto his photo. It might be considered a derivative work, but it’s not his original image. The original image belongs to the AP. If he’d just posted it on his Facebook page, I’m sure nothing would happen, but when it gets lots of publicity and he’s trying to sell it for $100,000, then they’re going to take notice.


41 posted on 01/24/2014 8:40:00 PM PST by RightFighter (It was all for nothing.)
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To: liberalh8ter

>> What if he painted her from memory? The AP needs to prove he didn’t.

I think AP needs to prove that the image they claim he copied is theirs exclusively. It’s not. The image/video was also broadcast by numerous companies. Also, she habitually makes the same gesture so Z could very well have draw it from memory.


42 posted on 01/24/2014 8:42:01 PM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: freedom462

He’s still a folk hero in my book. AP has no chance as this has been covered by the courts since time began. I could see they may have a case if he was selling lithographs but even then if it’s iconic enough and with significant artistic representations he’s in the clear there too.

He should sue them for using pictures of him.

I wish him well and at this point believe he’s simply being harassed by evil forces of rage and hate.


43 posted on 01/24/2014 8:46:20 PM PST by Usagi_yo
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To: RightFighter

he should call it satire, that would make it legally allowable.

.........

did you know that if you lovingly produce an episode of Star Trek that is a serious attempt to be Trek, you aren’t allowed to make a dime. But if its all funny and poking fun at Star Trek, then it is allowable.

Kind of strange, really.


44 posted on 01/24/2014 8:47:50 PM PST by GeronL (Vote for Conservatives not for Republicans!)
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To: SampleMan
He is not using the photo.

Actually, I think what he did was to put the photo in PhotoShop and "posterize" it with about 3-4 levels, then painted the result. Easy to do, but he did use the photo.


45 posted on 01/24/2014 8:50:57 PM PST by canuck_conservative
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To: Fantasywriter

The rules are there. More like he needs a good attorney. This isn’t new legal territory. It’s been well covered over the years. At the same time the AP photographer was taking his picture, dozens of other news agencies where filming it and have the contextually identical picture. If the picture was used editorially, then Zimmerman has even a stronger case because then it would have been presented to the public contextually as opinion.

News is a whole different beast than say a macro photographer that catches a stunning picture of nature.

I slept at Holiday Inn last night so I’m pretty sure I’m right.


46 posted on 01/24/2014 8:55:40 PM PST by Usagi_yo
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To: Usagi_yo

I have a friend who is a painter. She said if a photo is copyrighted, you can’t paint the image per se and call it an original/sell it. Otoh, if you use the photo as inspiration but make at least seven significant changes, the painting is considered original and you can do anything you want w it.

Zimmerman’s painting is too much like the copyrighted photo—almost identical to it overall. He should have made sufficient changes to call it his own. He really does need a lawyer helping him out w this. It won’t be hard to do, once he gets the hang of it.


47 posted on 01/24/2014 9:00:41 PM PST by Fantasywriter
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To: Fantasywriter

He added words. More than seven.


48 posted on 01/24/2014 9:04:01 PM PST by Jet Jaguar
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To: Uncle Chip
This was done in public, with many other people both watching and taking pictures.

For example, the exact same expression can be found at about the 1:19 mark on this video:

http://www.youtube.com/watch?v=4UskHmQ5DHw

So even putting aside any other defenses (fair use, etc)., The AP's copyright cannot extend to any use of that particular pose, since that pose was also used by multiple other sources at event was being captured by many other media sources on film and video.

Therefore, the ONLY thing that can be protected by the use of that copyright is that EXACT picture!
49 posted on 01/24/2014 9:04:53 PM PST by zencycler
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To: Jet Jaguar

The image itself is still identical to the copyrighted image. It’s the image he needed to modify, not the caption/text.


50 posted on 01/24/2014 9:05:48 PM PST by Fantasywriter
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