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.
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.”
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.
"Lemme tell ya folks, people say I have the best lungs. Truly spectacular. I can inhale carbon dioxide and exhale fresh, clean oxygen. They tell me this is illegal. That I'm a Russian house plant. They're just jealous."
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 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, but if I then want to put that picture of me on my social media page or a website or the back of a cheaply-manufactured wristwatch or what have you, why is the photographer allowed to tell me no?
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.
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.
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.
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.
Political speech has stronger 1A protection than commercial speech and one could argue for a 'fair use' exemption. Strong enough to win on its merits? I don't know -- I'm not an IP lawyer, probably not. Strong enough that a well-funded legal team could get a federal judge, hesitant to make a ruling certain to be criticized as 'election interference,' to delay a decision until after the election when the signs are all being taken down anyway? I think so.
It looks like it's a re-drawn image and not an actual "copy" of the image, so wouldn't that mean they can't do fuck all about it? Obviously it was made to look like the image, but does that actually count for anything? I wouldn't think it would.
It's definitely a representation of the original but much like how you can just reverse a video to avoid copyright this isn't an exact copy of the original.
Edit: I realize now that I was wrong about the reversed video. I do however think this is a weak case legally since it's not an exact copy but I obviously don't know what I'm talking about. Lol
Do you also hate the wishes of the artist who sold it to the news agency to earn a living and keep the image under editorial use as opposed to being commercialized and sold to benefit the Trump campaign? Whether you agree with how it's being used or not, that's what the photographer decided was best for their work.
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
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.
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 :)
I disagree with you, but wanted to be unlike the other comments. I, too, hate copyright, but in this case I'd say Trump deserves to lose, just cause he's a cunt, and winning this will do basically nothing for anyone except him.