The company behind Trump Watches prominently features an iconic image of the presidential candidate on its timepieces. There’s one big problem: It’s not allowed to.
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According to the Associated Press, though, TheBestWatchesonEarth LLC advertised a product it can’t deliver, as that image is owned by the 178-year-old news agency. This week, the AP told WIRED it is pursuing a cease and desist against the LLC, which is registered in Sheridan, Wyoming. (The company did not reply to a request for comment about the cease and desist letter.)
Evan Vucci, the AP’s Pulitzer Prize–winning chief photographer, took that photograph, and while he told WIRED he does not own the rights to that image, the AP confirmed earlier this month in an email to WIRED that it is filing the written notice. “AP is proud of Evan Vucci’s photo and recognizes its impact,” wrote AP spokesperson Nicole Meir. “We reserve our rights to this powerful image, as we do with all AP journalism, and continue to license it for editorial use only.”
As usual, this probably won’t amount to even so much as a slap on the gold-plated wrist for him
Well, that’s kind of what a cease and desist is. It says, in a formal but mostly polite way, “stop doing that or we’ll become less nice”.
The watch website says the final version may not look like the pictures. Also they don’t have a production or delivery timeline and no promises of delivery.
And why the fuck should it result in more? This is petty bullshit that doesn’t matter.
You’re a Trump supporter. Your position makes sense in that context.
I don’t agree with them, but you can’t just call someone a nazi without evidence.
This guy doesn’t even know how to breathe without doing something illegal, does he…?
tbf not owning images of yourself is very counter-intuitive
Any image of you in public belongs to the person capturing it. Imagine what it would be like if that wasn’t the case. All the pictures you ever took, if there are people in them other than you, you need a signed model lease.
I think for commercial use, that would be fair. IMO photographs should be considered collaborations between the one who took the picture and anyone (recognizable) in it. If you don’t want to get consent from everyone in a photo, blur out their faces.
France has something similar in their books. But it’s not enough for you to be recognizable, you sort of have to be both recognizable and the subject of the photo. But that would just mean neither party gets to use the photo unless they agree on terms. There are exceptions for journalism and other situations.
It’s quite complicated. There’s a reason most places don’t follow that model. And you can always cover yourself in public if you don’t want people to see your image. It’s a point where the freedom of two parties collide and there’s no clear answer on where one ends and the other begins. The law has to draw a line somewhere.
Add it on the pile hoss, there’s a lot of shit to shovel
I mean I’ll lead by saying “fuck Trump” however I would be a little annoyed if I wanted to use a depiction of myself and someone came to yell at me about it.
Actually no, when you go to a professional photographer to have your picture taken, you pay for it. Because they put in the work and need to be compensated for it. By that logic people would never have to pay photographers for portraits, weddings, none of that. Just because you’re in a picture doesn’t mean you don’t owe a debt to the person who took it.
Yeah try getting copies of a copyrighted portrait made. Wedding photos, school portraits, you name it. Not yours.
Regardless of how I feel about Trump, I’m not even convinced that the plaintiff has a real case. From what limited knowledge I have about copyright law, the image might not violate it based on how much of it has been altered. The watches’ images aren’t even in color. There’s also been selective cropping, and some shading has been added in. I think it might be different if they include the original image in the marketing material but I’d consult an I.P. attorney if I were a defendant in such a case.
That’s not transformative by a long shot. It adds no new meaning and is for commercial purposes which has a higher bar in the first place.
being an impression or an engraving of photograph is pretty transformative. This claim is a loser in court.
Changing medium is not transformative if you’re explicitly copying the subject matter of the original.
Edit: one thing that is funny is that there’s a note in the picture of the article that they can’t use a photo of the back of the watch for some watch review site because they don’t have the rights from the AP. In that case, however, they’re wrong because a picture of the back of the watch to make a point that the watch is similar to the original photograph is, hilariously, transformative. It, in conjunction with the article, has a completely different meaning than the original image and is fair use. If you used the image just to talk about the event or about Trump though, that would not be fair use because you’re just using the image’s composition in its entirety.
I’m gonna have to agree to disagree with you on that. There are far too many example of just that in everyday life.
So if I produce a movie based on a book without a license, I would be ok in your mind right?
This would be like producing an engraving based on a altered photograph, and as I said earlier, it would be worth consulting with an IP attorney.
Agreed. Hate to be that person but I definitely agree with you. It’s literally a picture of himself. I detest the man but this is dumb to be fair.
I do some professional photography. If I take a picture, I own it unless there’s a written agreement that says otherwise. You can’t claim ownership rights of a photo just because you’re in it - especially a photo taken in a public space.
Unless you take a picture of an… copyrighted landmark…
That’s how you exit the matrix
Sure. But it’s my understanding also that a picture in a public place of me would be fair game. But if someone were to monetize it or use it to promote a product I thought this needs permission. Otherwise why do I usually sign a release when the photo of me is going to be used for advertisements by my workplace for example. The people that asked this of me were professional photographers as well and we were in a public space. I guess I just wonder what release forms and things are for
They have you sign the release so you won’t annoy them with a frivolous lawsuit which will still cost them money to use a lawyer to fight it.
They don’t have to do it.
It’s really not dumb. If copyright law worked that way, no photographer who included human subjects would be able to make a living. Artists deserve to be able to sustain themselves from their labor.
Welcome to copyright law
ITT: people that have been stealing or paying for creative work through selling their data for so long they forgot (or never knew) laws about this exist and/or how they work.
Considering how many people think they’re just one boring stream of them playing a video game away from making it big as a “content creator,” it’s petty shocking.
The font/script they chose makes it look like it reads “anus dumper” in cursive.
Throw it on the pile.
How so? By creating a derivative image of the one depicted next to the watch?
I hate trump but I hate copyright law way more.
Ugh… Go trump … pukes
EDit: so many people are malding lmao. Even got boneheaded DMS ヾ(⌐■_■)ノ
Copyright laws are bullshit in that their terms are way too long and are often too easily abused against people who are using copywritten materials under fair use. However copyright as a concept is not bullshit. Creative works, including photography, should absolutely be protected from unauthorized use for the benefit of the creator.
Also, there is nothing redeemable about Trump. Even if you feel that copyright law is somehow fundamentally wrong, the correct position can actually be “fuck all parties involved” instead of supporting Trump hawking his swag to pay for his campaign of fascism.
I really wish copyright was still how it was in the U.S. for more than the first half of the 20th century: 19 years with an option to renew for another 19 years. That, IMO, is long enough for any entity to be the sole earner from a work.
However copyright as a concept is not bullshit. Creative works, including photography, should absolutely be protected from unauthorized use for the benefit of the creator.
Sure, creative works should be protected. But not all works are creative enough to be protected. I disagree a photograph like this should have any protection. If the photographer put in their creativity or something else to create it then sure. Then it should be protected. This photo was taken on public event of people and stuff out of the photographers influence and IMO shouldn’t be protected
The creativity is in how the photo was shot; the camera settings, framing, when the photographer chose to take the photo, etc. To say that anyone could have taken this exact photo is both incorrect and doesn’t matter. Anyone could have written any book, play, or script but they didn’t. Anyone could have painted pretty much any particular painting, but they didn’t. I don’t disagree that many aspects of US copyright law are ridiculous, but to say there’s no artistic vision in taking a photograph like this is ignorant.
Ummm… no. Copyright law sucks, but it’s really the only protection for artists/writers/etc. in this case, Trump sucks way worse than copyright law lmao.
He’s literally stealing someone’s work and attempting to make money off it as his own.
Yet you say “Go Trump.” Copyright law is all it takes for you to publicly support a fascist. Absolutely amazing.
Sadly, copyright doesn’t even truly protect this artist, it protects the corporation that the artist works for. And THAT is one massive reason why copyright is bullshit.
Without copyright, the artist would be unemployed. Because the corporation he now works for could just take his photos without paying him.
Copyright protects his livelihood. And THAT is one massive reason why copyright is necessary.
Correct. There are major flaws and rampant abuse; it truly needs reform. But it absolutely needs to exist and benefit those that create.
Its kind of weird for them to take the fascist thief’s side in pretty much anything
Copyright doesn’t protect derivative works.
Yet you say “Go Trump.” Copyright law is all it takes for you to publicly support a fascist. Absolutely amazing.
Yep, his watch completely erased any wrong he did and now I am full-on maga train. Isn’t it so great that things are so simple ? You could say white and black :)
