I put my 9/11 poster on my blog and got this message

[Generic Other]

Anonymous said...

Remove the photoshopped image or I will contact ABC and inform them of your copyright infringement.

9:11 AM

I posted the image at 8:43. Seems I struck a nerve?

Is this image in violation of copyright? Or is it legal as a form of parody? Anyone know?

[Minimus]

1. I love it!

[Atman]

2. Fart in his general direction.

It is political satire, pure and simple. Anonymous has nothing. Pfffft.

[Lusted4]

83. Say no more n/t

[TahitiNut]

108. Exactly. It's protected and "fair use" ... the reichbot's posturing

:shrug: He can go piss up a rope.

[SmokingJacket]

3. I'm no lawyer, but...

strikes me as legitimate satire.

[OneAngryDemocrat]

9. It is...

...totally LEGAL.

Ask the publisher of Hustler, Larry Flynt.

It is a - OK... Keep up the good work.

Oh - by the way...

Under the ''Fair-use'' laws, I am going to use your artwork on my own website, www.shockedandawful.com.

Thanx!!!

[Generic Other]

38. I am so honored!!

Fuck the mouse.

[Ian_rd]

49. Don't let the bed-wetters scare you. You are totally in the clear.

[spanone]

87. Great Work!

[hwmnbn]

71. I like your new web layout....

OneAngryDemocrat! :thumbsup:

[OneAngryDemocrat]

77. Thanx!

:)

Thanx!

[Mr_Spock]

97. Woot

Nice addition to your site.

[Seabiscuit]

105. Yes. It's perfectly legal under the "fair use" doctrine.

[MADem]

25. Remember the CAMPARI ad in HUSTLER???

Not only did they fuck CAMPARI, they fucked FALWELL....and WON IN THE SUPREME Court!!!!!

[SmokingJacket]

90. I think the difference is that is an ad...

not just political commentary.

But as I said, I'm not a lawyer, nor do I want to be one!

(Though gotta say, it would be handy these days...)

[MADem]

94. Uh, they are BOTH FAKE ADS

The Campari ad is a fake that said Falwell fucked his mother in an outhouse. Falwell denies doing this. It is believed that this event never occured, but was put in the ad to bring down a pompous religious icon while making fun of the construct of the aperitif ad.

This ABC ad is a fake that actually tells the truth about the Monkey. ABC doesn't want to tell the truth in their mockumentary, though. Thus, the mock ad conveys the opposite message as the actual ad, for purposes of holding their hypocrisy up to the strong light of day.

The fake Campari ad was NOT produced by Campari, and the fake ABC ad was not produced by ABC.

They are parodies. Jokes. Humor. Satire.

The Supreme Court has ruled definitively on this. The OP is 'safe as houses' (and not NOLA ones, either).

[SmokingJacket]

110. I argued originally that the OP is safe.

Clearly it's satire.

I *did* misunderstand the Campari ad! (I thought Campari made it...!)

[Karmageddon]

4. Don't know the legal aspects, but it's "coffee-thru-the-nose" funny

[janx]

5. That's a striking image.

No wonder it struck a nerve.

[NYCGirl]

6. You might want to fiddle with the ABC logo — they could have a legit

beef there.

[MADem]

28. NO intent to deceive...pure parody and satire...see posts 25 and 9 aboveNT

[NYCGirl]

36. But if you transpose the letters, etc., that'd give ABC less ammunition

without changing the impact.

[MADem]

47. Absolutely NOT... NO NEED.

Check out the CAMPARI ad I posted elsewhere. The Supreme Court has RULED on this.

[NYCGirl]

64. I'm well aware of the Campari ad. I know Larry. NT

[KyndCulture]

78. Just throw a red circle and slash over it.

I wouldn't worry about it too much

[Ravy]

79. I would change the ABC to WTF, to be a bit safer. (n/t)

[alfredo]

102. Or replace it with GOP. But I think it is a legit parody as is.

[Nikki Stone 1]

7. Kick

:kick:

[dbt]

8. Let Anonymous report you.

Tell him/her/it that you'll be GLAD to wait to hear from ABC before you take the graphic down. Like ABC ain't got a shitload of bigger things than you to worry about right now...

:evilgrin:
dbt
Remember New Orleans

[IChing]

19. I agree think of the news it would generate

ABC asks for censorship, think of the media play the picture would get.

[The_Casual_Observer]

10. Do you really think some freeper would risk exposing their identity

by sending an email to ABC? Those guys are afraid of their own shadow, anyhow, ABC has enough things to worry about right now, they aren't going to care about you.

[MADem]

11. Tell Chickenshit Anonymous that SATIRE is FAIR USE and he can

kiss your hairy ass!!!!

[symbolman]

17. Yep

You're not selling T-shirts or Phoney Mockumentaries so tell em to walk west until their hat floats :)






more fair use:

[MADem]

50. Good show, SYMBOLMAN

I get a kick out of this one, from AmericaBlog:

http://americablog.blogspot.com.nyud.net:8090/mohammed_atta_mouseketeersmall.jpg

[symbolman]

57. AHHHHHHH!!!!

I bet that is how they get through SECURITY, both at Disney Land and The Homeland Security Ride at any airport :)

Hilarious!!

[Sequoia]

62. Dang, that's too cool!

[symbolman]

67. Pass it along, USE IT!

We're ALL "repeater stations" for the media now, and it's up to us to "RE-Imprint" other Americans responsibly :)

Thanks so much, I'm glad you liked it :)

[Generic Other]

22. Can I quote you?

:rofl:

The whole thing is rather silly. I doubt hardly anyone actually ever goes to my blog! And then this response virtually minutes after I get the thing posted. Sheesh. Funny. Freepers need to get lives.

[MADem]

32. Oh, please do!! And tell the pimply little chickenhawk to check with

Jerry Falwell, who can tell him how HIS gripe on the same matter went at the Supreme Court!

[Warpy]

24. As far as I know, there is only a problem with copyright infringement

used satirically or otherwise if it is being used to sell something and mislead consumers.

If that's the case, then your goose is cooked.

However, satire is protected and anonymous can reveal himself and kiss you where the sun don't shine.

[MADem]

45. Hey, Falwell used CAMPARI as is--but the satire outweighed

any other aspect. And he SOLD the magazine, and it made a FORTUNE.


You'd have to be a fucking nitwit to think CAMPARI actually created that ad, just as you'd have to be brain dead to think ABC created this one.

The Supremes were pretty clear.


But in this case, in any event, there's no selling, beyond the marketplace of IDEAS.

[Catherine Vincent]

12. That's a great photoshop.

And you did strike a nerve with the Bushie. I wouldn't remove it just because they don't like it. And let them report you to ABC. I doubt if anything will come out of it.

[H2O Man]

13. I wouldn't take

it too seriously. If ABC contacts you, then get in touch with an attorney. Think of the publicity.

[dogday]

23. That's a good way to look at it....

An attorney needing some Publicity just might go fer it...

[ck4829]

14. I don't think media posters are copyrighted in the way you can't do that

Besides, parody is still legal, no matter how much Bush shreds the Constitution.

The Path to 9/11

[dogday]

15. Let's put it this way...

Until you get an official notice from an attorney representing their interest to cease and desist.

Unless they contact your server and press it, then you may have a problem...

The image is in fact theirs, and their copyrights are enforced....

[Nite Owl]

16. I would think that once they

put it up it was public domain.

One would think that they have more to worry about right now than this, like lawsuits, a stain on their name, loss of business, like being the face of a fascist regime. They are doing more than making history up they are part of the making of a not very pretty history of the turnover of the government with the aid of a corporation.

[Kadie]

18. they posted at 9:11 am

I wonder if they timed that response.

:hide:

[Generic Other]

43. MIHOP

Where's my tinfoil beanie?

[displacedtexan]

20. Wingnuts flag my blog once or twice a month.

I have to ask Blogger.com to review the post, then they always
reinstate my blog.

It takes almost 24 hours to get back to normal when this happens.

Such a pain.

[MADem]

52. Jeez, everytime they do that, you need to come here and ask for our

help...tell us who to contact, and we'll make some trouble for the trolls! You PM me when that happens, I'll lend a hand....

[Lex]

21. I'd say it is a "Fair Use" because it is commentary and parody and

therefore, it is an exception to the Copyright Act.

Tell them to go look up the Fair Use exception to the Copyright Act.

http://en.wikipedia.org/wiki/Fair_use

[dpbrown]

26. Legal parody

They don't have a leg to stand on.

[BurtWorm]

27. You have a first amendment right to satirize that image.

You're parodying ABC, not trying to trick people into watching something that they'll think is something else.

[complain jane]

29. Translation: Waaa.

I love it!

[radfringe]

30. NO

can be considered satirical content, free speech etc.

falls into the same category as Al Franken using bill o'liely's photo on his book

[rman]

31. How close is it to the original?

I can't imagine it's very close, besides incorporating a flag and the text "The Path To 9/11".

[Miss Chybil]

33. If you're not making any money off it, I don't think you have to worry

about it.

[LunaC]

34. BRAVO!

If you're not pissing somebody off, then you're not doing anything important.

[LTR]

35. I added a comment to your blog

ltr said...

"anonymous" hates us for our freedom.

9:54 AM

Mind if I post that image on my blog, to replace the official ABC one? I'll link it back to your blog.

[MADem]

54. Heh, heh...so did I. See if you can guess which one it is!!!!! NT

[Generic Other]

60. You're making my head swell

Please feel free to use the image.

[maine_raptor]

37. I don't think ABC or Mad Magazine will object

(That's Alfred E. Newman, right? I thought I recognized him.):rofl:

[Sydnie]

42. Yep ... I see the resemblance myself

[F.Gordon]

39. "Based on the 9/11 Commission Report"

Tell the 55 year old fuckwad freeper that still lives with his mother in Dubuque, Iowa to "bring it on" :eyes:. Or.... "Let's Roll" :eyes:

Based on the 9/11 Commission Report... that should read "Based on Shit made up by a bunch of repukes high on drugs during a Gay Hooker Orgy at the White House"

I love what you did. Can I send it to a couple of people?

[Generic Other]

44. Truth is a virus. I say pass it on

Screw ABC's lies.

[F.Gordon]

46. Thanks

:hi:

[Ignis]

75. *snort* Awesome line.

"Based on Shit made up by a bunch of repukes high on drugs during a Gay Hooker Orgy at the White House"

Talk about truth in advertising! :toast:

[npincus]

40. fuck them.

[NJmaverick]

41. What is scary is the Nazi that is pushing his lies

and propaganda. This whole situation is like something out of 1930s Nazi Germany.

[greiner3]

48. I am no attorney either;

However I don't see that the display of an ad, whether doctored or original, would pose any problem. Besides, even if the freeper got your plate # what is the ghost of Eisner (so he's not dead yet!) going to do, call the FBI? Put an extra tap on your phone line and plug it straight into the NSA? Cool picture!

[madmusic]

51. parody. Relax.

And keep hitting those nerves!

[patricia92243]

53. I don't know about the legal stuff - but you sure did a magnificent job.

[johnaries]

55. Yep, parody. tell them to contact them and make a fool of himself.

[Rosco T.]

56. Tell them to go straight to hell.... n/m

[jhuth at work]

58. Well then, it's getting posted on my blog too.

There's more truth in your version of the poster than in their whole movie.

[symbolman]

59. He wasn't actually hiding behind a flag that day

morning it was a kiddie Book, by afternoon he was hugging the back of the toilet bowl the rest of the day, like Elvis, when he died :)

The more I see it the more I like it.. send that over to BARTCOP, he LOVES that kind of stuff, he'll link back to you..

[Sequoia]

61. Tell them to just "bring it on".

Great poster!

[Ian David]

63. It's brilliant! And satire is protected speech.

Tell him it's the precedent set in the case of US 9th Circuit Gofuk vs Yerself.

[porphyrian]

65. If it's altered something like 25%, it's not infringement.

Maybe that's a state law, I'm not sure. Also, I believe you can get away with it if it's obviously parody.

[oasis]

66. Good work.nt

[SOS]

68. As Al Franken said:

Satire is protected free speech, even if the subject of the satire is too stupid to understand it.

[Logiola]

69. if it was illegal..

Mad Magazine would sure be in trouble..

[Stand and Fight]

70. Recommended!

To hell with the stupid jackbooted FReep. That's awesome work -- from one graphic artist to another.

[Ganja Ninja]

72. It's a parody and it's perfectly legal. n/t

[AtomicKitten]

73. now THAT''S the truth

well done

[orleans]

74. it's wonderful! i printed up a copy. (suggestion: change the word

"movie" event to "propaganda" event)

let them report this to abc--it's satire and your first amendment rights are protected here.

(of course, i'm no lawyer)

[dave123williams]

76. Fair use, my friend.

[nofurylike]

80. absolutely the best! thank you, GO! eom

[City Lights]

81. Bring it on!

I think ABC has its hands full right now.

[celtdem]

82. !

:spray:

Oh, and first amendment-wise, you're safe!

And damned creative!

[Jacobin]

84. Trolls are all over DU these days

companies go over the line in 'protecting' their trademarks, making demands that they often cannot enforce, but they can break you with legal fees so the threats often work

[librechik]

85. Disney LOVES copyright infringement litigation.

Your use is an obvious parody, so it's protected, but they could run you out of money before the judge even sees the evidence. Think Prudently.

love that parody!

[mdmc]

86. looks like fair use to me

:yourock:

[AngryOldDem]

88. My observation of the original 9/11 poster...

On the original, it sure as hell looks like CLINTON's eyes peeking through the flag. Whenever I see it that is the first thing that comes to mind, and it enrages and creeps me out, all at the same time.

ON EDIT: Great work, by the way! :thumbsup: :thumbsup:

[katinmn]

89. Whoa! That is great, GO!

:yourock:

[Cookie wookie]

91. Might just put a red slash over the abc logo as logos are

copyright protected. Wouldn't hurt to put a big "not" after the "based on the 9/11 commission report"

Great Work, though.

[tbyg52]

101. Oh, yes, oh, yes

The middle part is *wonderful*, but the first thing I though after I looked at that was not it was *not* based on the 9/11 Commission report (leaving out the holes in *that*). PLEASE consider the suggested changes!

[ThoughtCriminal]

92. Beg Him to do That

Another idiot who
1) does not know the difference between copyright and trademark protections and
2) That parody is protected as is non-commercial use.

[SoCalDemGrrl]

93. Brilliant-- Kick!!

[stranger81]

95. as an attorney, I'd say it's straight up parody -- fair use [eom]

[bliss_eternal]

96. Tell him to eat shit and to fuck off

and that while he's reporting you, he should ask them how that pesky legal thing is going around airing a big, fat, fuckin' lie?!

[Mr_Spock]

98. That's great work

Thanks for posting for us all to enjoy.

[zonkers]

99. Though I think this falls into parody, all they can really do is give you

a cease and desist, right?

[133724]

100. hell send it to ABC yourself..... be Offensive...

[Chimichurri]

103. It's satire and is protected under the constitution

[goddess40]

104. I love it

I wish I had a shirt with it on to wear today - we have a huge art fair downtown.

[lonestarnot]

106. Beeeeea u tiful!

[catzies]

107. Your poster is AWESOME and you're entitled to FAIR USE as are all

of us.

Good on ya.

[Richard Steele]

109. Great photoshop!

And it's CLEARLY a parody;
expressing an IDEA, not selling a product.

"Anonymous" is just some pathetic little chickenshit
who thinks that name-dropping 'ABC' will fool you
into letting him bully you about.
Tell him where to get off.