Couple Says NY Stole Their Balloon

www.countypressonline.com ^ | 04/30/2003 | Bill Lawrence

[Tribune7]

The couple who own the landmark U.S. Flag Balloon- America One don't love New York as much. The government there anyway. Our neighbor to the north has robbed them, they say.

[Tribune7]

:-)

[Tribune7]

ping

[JEC]

If the state of NY used the balloon without permission of the owners and they have stopped answering any inquiries, it leaves only one conclusion. SUE THE BA$TARD$.

[Navy Patriot]

I don't think they have a case as the Standard is not theirs to copyright. They can get paid for flying the balloon, but not for the image it presents in the sky or for copies of that image credited or uncredited. They may garner some bad publicity, however.

[kayak]

ping

[IronJack]

For those who may not know, the DiLiberos are old-time FReepers.

[NewRomeTacitus]

1. Lot of greedy bottom-feeders in NY state.
2. Should they be helped providing the addition of tactful yet noticable "FreeRepulic.com" signage somewhere?

[RaceBannon]

I am not so sure. They use that balloon as a means of income, not just for enjoyment.

Since it is a means of income, it is an impingement of their fair use, to have someone take advantage of their employment and use it without remuneration, that sounds like they got used.

If it was a newspaper that took a picture, that I guess is okay as long as the picture is used to show a timely event. BUT, the state of New York used their means of income to PROMOTE the state of New York, to influence others to come to New York, to visit and spend money.

In other words, the state of New York USED this picture of that Balloon to make money using someone elses means of income without permission or reimbursement to generate income to the state, without an equivical means of re-imbursing the owners of the balloon.

It would be like taking your picture at a fair, seeing it in the paper that you were at the fair, but 7 months later, that same picture is used to promote the fair, not as news, but as an event that brings in money to run the fair and pay the bills of the people who run the fair, using your likeness to generate money for someone else other than you.

[kristinn]

So it would be okay for Pepsi to have a TV ad campaign with the flag ballon flying at a fair as the main part of the ad without getting permission?

It doesn't seem right to me.

[abner]

Well, look at that!

Today I received my May Smithsonian Mag. Page 84.

[abner]

We haven't copyrighted the flag. No one can do that. What we do have is the ONLY flying US Flag Hot Air balloon in the world. That makes it truly unique. If it were an article about the balloon, that would be one thing, but they are selling the state of New York at our expense. I love NY though. The state stealing our hard work and expense is what I have a huge problem with.

[Tribune7]

You'd think you'd be famous.

[RaceBannon]

After this, she will be! :)

[abner]

So it would be okay for Pepsi to have a TV ad campaign with the flag ballon flying at a fair as the main part of the ad without getting permission? It doesn't seem right to me.

Correct.

As of today, the ad is running in 12 magazines. Full page, full color. In some of the magazines, it is the front page of a multi-page insert for I Love NY.

I'm looking to see what other mags it shows up in.

[Tribune7]

I'm not a lawyer but as I understand it people or private property can't be used for commercial purposes without permission.

[abner]

You'd think you'd be famous.

It's not about us. It's about patriotism and pride in the United States. I have yet to go to one balloon rally where people came to see little ol' me. America One IS the star.

[NewRomeTacitus]

Yeah, Free Rebulic. Meant Republic. Will vacation soon since 1986. Sue me.
Obviously no state owns the US flag. If one state doesn't cease running up debt to support illegals it will be "owned" by the US.
I've heard of neighborhood associations banning their members from displaying the flag for "asthetic unity".
"Son, get me those special sheep shears."

[abner]

ping.

[abner]

So it would be okay for Pepsi to have a TV ad campaign with the flag ballon flying at a fair as the main part of the ad without getting permission?

We have a price list for that type of thing. They never bothered to even ask. The State of NY did spend some signifigant time at our website though. I guess to make sure we weren't nutcases or something.