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But it is about money
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Posted by Robert Kaplan (more from Robert Kaplan) on Fri, 9 Aug 2002 12:10:42 Share Post by Email
In Reply to: I'd be honored..., Joe98, Fri, 9 Aug 2002 11:02:11
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Because that's why the image was appropriated. This guy has intentionally appropriated someone else's image and used it expressly for personal gain. You can't take the theme song from The Lion King and use it to sell hotdogs without permission. Because it doesn't belong to you. That is pretty much the foundation of intellectual property law, which is itself the bastard child of regular property law.

Basically, if something is not your's, and you use it to try to make money, you get in big trouble. Imagine stealing a car to deliver pizzas. Or stealing a car to sell it. The principle is not changed just because intellectual property can be duplicated with essentially no limitation.

On the other hand, you can't complain if your car shows up on the TV news because it's parked next to some famous person. Even though the network is showing news in an attempt to make money, the presentation is not about your car, it's about the person next to your car, who is the focus of the image. In that case, the network is not making the image of your car the central focus of their for-profit venture. Your image has been appropriated, but in an entirely different context.

Also, it's not like Richard is upset because the United Way has a picture of his car in one of it's fundraising brochures. This is someone who is trying to make money for himself by selling clocks. He went and used a picture that someone else took, which he knew he didn't take, as the central element of his for-profit venture. That's about as cut and dry as misappropriation of intellectual property gets. This conduct is outrageous enough that there are criminal penalties in addition to civil issues.

That is the way that it is. But then I deal in "is" and not "should." How it should be, is beyond my qualifications.

posted by 64.91.16...

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