Sounds like New York can compensate by paying for a few appearances, like 10 or 15 of them, at full price...whatever that may be with inflation...
To lazy to post the article????
Couple Says NY Stole Their Balloon
By Bill Lawrence 04/30/2003
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.
"It's the first time a state has hijacked an aircraft," said Barry DiLibero.
Barry and his wife, Teri, of Chester County, do business under the name of The US Flag Balloon (www.usflagballoon.com.) This business includes being hired by fairs and other public events to display a 78-by-53-foot hot-air balloon in the shape of Old Glory.
It was most recently seen at the Rally for America, March 16, in Valley Forge albeit that one was a freebie to support our troops according to the DiLiberos.
The balloon was acquired in April 2002 and was custom designed. It is the only American flag balloon.
"It is the largest flying flag in the world," says Barry. He noted that the only other one is the flag of Belgium and it is significantly smaller. Nobody really knows what the Belgian flag looks like anyway, Barry notes.
Barry, who owns several businesses including a title and tag company, and Teri who owns a small sign company says the flag isn't his livelihood, although it was a substantial personal investment including the trucks and paraphernalia.
"Every time I look at (the balloon) I see a new house," says Teri.
The motivation for the DiLiberos is mostly patriotism. They often hand out pocket Constitutions. The DiLibero balloon was a notable attraction at Spiedie Fest last August, in Binghamton, N.Y. It was a typical late summer New York weekend. The sky was blue. The clouds were few. The smell of spiedies -- the regional sandwich in whose honor the event was held -- filled the nose. The DiLiberos flew their balloon, mingled with the spectators, answered questions and handed out pocket Constitutions, then went home.
At the Rally for America, a police officer remarked she had seen the balloon in Yankee Magazine. Barry was pleased.
"I thought that it was an article about Spiedie Fest," Barry said.
Then he saw the May edition of Better Homes & Gardens. It included a full-page ad for the "I Love New York" campaign with them taking off in the foreground.
"We were the feature of the entire photograph," Barry said.
"It is the cover of a one-six page color insert booklet for I Love NY," says Teri.
He learned the same ad appeared in the April edition of Reader's Digest and many other magazines. The DiLiberos never gave permission that their balloon be used for commercial purposes. This poses a problem.,p> "New York has attached themselves to us. We've had people tell us we are the New York flag balloon. Wherever we go we represent New York whether we want to or not," Barry says. He fears that event organizers may start charging -- a customary practice in dealing with those seeking to promote corporate entities -- rather than paying them to appear.
"It puts our ability to pay for the whole project in serious jeopardy," says Teri. Barry also points out that they can now no longer sell exclusive use to a potential paying advertising customer.
Alex Dudley, spokesman for the Empire State Development Corp., the state agency that oversees the "I Love New York" campaign, says the state has the legal right to use the image. "They brought the balloon to a public ballooning event in Binghamton, N.Y. where it was photographed," said Dudley.
He said the ad campaign has run its course and that New York did the DiLiberos a favor anyway. "The I Love New York program is one of the 10 most recognizable brands in the world," Dudley said. "The exposure the balloon received will benefit them tremendously."
Teri disagrees.
"It gives us no exposure," she said. "They didn't even put our web site on the page. Most people's reaction is, 'When did NY buy a flag balloon?'"
Barry points out that New York used their image for commercial purposes without permission or compensation.
"If we don't stand up to them, they're going to do it to someone else," he said. Legal action looms.
"We would love to settle this without a fight," Teri said. "But, they have stopped answering our inquiries."
She also wants to make clear they have no problem with the good people of the Empire State, where they will be making several appearances.
"Our problem is not the people of New York, but the state's governmental agency that just thinks it's OK to steal someone's property for their fiscal gain," she said.
©CountyPressOnline.com 2003
Take them to court, and to the court of public opinion, which you are doing. No one likes being ripped off. There was a judge in calif whos house burned down and the red cross would not help them, however the red cross used their pictures of them and their house as tools to get donations. They ended up with a settlement. Sounds to me that you have a good case. ( The judge was from San Diego)
You should get a royalty for each time the photo appears. That's my opinion, and I'm sticking with it. I really get all itchy and scratchy when someone uses my work product as their own, and tells me they did me a favor.
County Press has been so kind to get this out in the media for us.
I don't mind clicking...they deserve the hits.
;-)
New York is wasting my sympathies. Between Hillary, Chuckie, Bloomberg and Pataki, it's getting real tough for me to want to spend money there.
It also sounds as if they (NY) knows that they are guilty of some wrongdoing.
Oh, if you look real close at the photo -- well, maybe if you had the FBI digital imaging lab -- you'll see your's truly (cowboy hat) and Temple Owl. :-)
