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.

[dixie sass]

Perhaps if they won't settle monetarily-wise, they will settle by giving y'all - oh, say - a 100k copies of the Constitution booklets? Just an idea.

[Cacique]

Yes, because the photos contain my likeness. You can copyright a photo to prevent duplication or commercial use. However if I take a picture of a flag, I can copyright the photo, but not the design of the flag.

[abner]

Also the state of New York can argue as well that although your baloon appears in an ad the picture itself is for editorial purposes and your baloon inadvertently appeared as part of the scene.

Have you seen the ad? It is half of the page. The balloon is the centerpiece of the ad.

[abner]

We have talked to 4 lawyers. Every one of them says we have a solid case.

I'm still going to contact the Post.

[Libertina]

Thanks Dalereed. The only way articles can be archived is by being posted. Appreciate your work in doing so. Nice to know your flag balloon is loved by others Abner, but sorry they were such schmucks about it. They definitely should have given your name and contact info AND gotten your permission. Sounds like they were guided by a greedy ill-mannered marketer. Need any letters written on your behalf?

[monkeyshine]

Is this a joke? The family name is DiLibero?

If it's true, shame on the ad agency. They should've known better.

[abner]

I would post the ad, but according to the ad that would be copyright infringement. So, basicly I can't post a photo of my aircraft. That's what NY says.

[abner]

The family name is DiLibero?

Yes, of liberty. That would be the loose translation... No joke.

[notpoliticallycorewrecked]

I hope that all events in NY are now on hold.

[Cacique]

Regardless, if the photograph was taken in New York state. The state of new York will argue that it is a scene taking place in New York state and your baloon just happened to be there. If you baloon was a unique design and you had a trademark you could possibly have a case.

Take for example the Goodyear blimp. I am sure you will find NY state ads in which the blimp appears. I remember seeing them. I doubdt however, that Goodyear has ever sued NY state and in their case it's a trademark. The reason is simple, they have better lawyers who know a doubtful case.

[monkeyshine]

It's you! "Of liberty" I love it! You are living up to your name!

[isthisnickcool]

Yes, because the photos contain my likeness.

Too bad. I just sold one of your photos to Gay Communist Quarterly. You will be on the next cover.

Just kidding. Just kidding.

Unless you are an attorney that specilizes in this area then I'm not sure that you are correct. Abner just posted that they have spoken to 4 lawyers and they disagree with you. Time will tell....

[StarFan]

Teri, please write to State Senator Vincent Leibell, III in Albany and explain your plight. He was quite instrumental in developing the I Love New York Campaign and may be able to get you the compensation you deserve or show you where in the law it states you are not entitled to compensation.

[Howlin]

Is it in this month's Smithsonian??? BTW, this is an absolute outrage!

[Ms. AntiFeminazi]

trucks or ballons that inadvertently appear in a picture I am taking does not require me to have a model release unless a person or persons is specifically recognisable and that person or persons are the sole focus of the photograph, ie they did not appear accidentally as part of a larger scene.

The Flag balloon is specifically recognizable and is the sole focus of the photograph(s) from what I can tell. It is not a "normal" object in a park that might inadvertently show up in a photograph. It is a very one-of-a-kind object that doesn't just randomly show up.

[abner]

If you baloon was a unique design and you had a trademark you could possibly have a case.

It is the only design of this aircraft in the world. It happens to look like the US flag.

Take for example the Goodyear blimp. I am sure you will find NY state ads in which the blimp appears. I remember seeing them. I doubdt however, that Goodyear has ever sued NY state and in their case it's a trademark.

If that is the case, I'd bet NY got permission.

[monkeyshine]

Abner just posted that they have spoken to 4 lawyers and they disagree with you. They can smell a 33% settlement fee a mile away.

[monkeyshine]

Abner just posted that they have spoken to 4 lawyers and they disagree with you.

They can smell a 33% settlement fee a mile away.

[Navy Patriot]

Switch the balloon with one of my cars. All of our vehicles have a flag motif.

I'd like to see them, I promise I won't sell any images of them without your permission and paying you a royalty.

However I won't let you switch. The operative word is "motif". I would venture to say that your cars do not look like a FLAG going down the street, they look like a car with a flag motif paint work on it. This is a critical difference, and would probably allow you to copyright the image. (any lawyers out there?)

As I said before, it seems to me that your balloon IS the flag, not a flag motif.

[Cacique]

Lawyers will always tell you you have a case. After all what they reject an opportunity to make money? Whether the case goes to court or not they still make money.

However, municipalities hate going to court and in many instances will settle out of court just to avoid a lengthy court battle or negative publicity. I remeber seeing a figure once as to the budget outlays for out of court settlements in NY city and they are huge. If taxpayers had a clue they would scream.