Whether it's your first Bonnaroo or you’re a music festival veteran, we welcome you to Inforoo.
Here you'll find info about artists, rumors, camping tips, and the infamous Roo Clues. Have a look around then create an account and join in the fun. See you at Bonnaroo!!
Today is one of those days that really makes me question why in the hell did I ever think traveling/moving away was a good idea.
Ready for all this to get settled and taken care of.
Because life is a road thats dead end is an unknown. Therefore, it should be an adventure, and staying in your hometown or hanging out with the same people day in and day out usually is not.
I am proud of you for moving away. I realize it is probably not always easy, but self-actualization is not.
We're all a mess of paradoxes. Believing in things we know can't be true. We walk around carrying feelings too complicated and contradictory to express. But when it all becomes too big, and words aren't enough to help get it all out, there's always music.
We're all a mess of paradoxes. Believing in things we know can't be true. We walk around carrying feelings too complicated and contradictory to express. But when it all becomes too big, and words aren't enough to help get it all out, there's always music.
I'm a little behind, but... a bat house? This is a thing? A thing found outside zoos and Batman comics? Dear God... why?!
Bats are a major pain in the ass here (destroying lots of trees and such), so I can't see why anyone would ever want to encourage them. But admittedly the wee li'l fruit bats aren't quite like the flying foxes:
Grrrrr to every time from now on that I instinctively go to try to send a facebook message on the mobile app and it tells me I have to use the messenger app. No facebook you cant hijack my phone!!! now go away!!
I'm a little behind, but... a bat house? This is a thing? A thing found outside zoos and Batman comics? Dear God... why?!
Bats are a major pain in the ass here (destroying lots of trees and such), so I can't see why anyone would ever want to encourage them. But admittedly the wee li'l fruit bats aren't quite like the flying foxes:
So they took something they found online, appropriated it, and then represented it as their own, original content?
Anyone who would do something like that should be ashamed. How dare they.
But they are using it to sell their shit. Isn't that illegal?
Seriously, if you put up a picture on any site, is it fair game?
If it's watermarked like that then it's not fair game. That's why people put a watermark on a photo, it denotes ownership of that image. To blatantly cover up the watermark like that is unethical, and should be illegal. It's claiming property of another without permission, aka forgery (maybe not forgery, but there is a word I'm looking for.... plagiarism.. maybe plagiarism)
So they took something they found online, appropriated it, and then represented it as their own, original content?
Anyone who would do something like that should be ashamed. How dare they.
But they are using it to sell their shit. Isn't that illegal?
Seriously, if you put up a picture on any site, is it fair game?
Eh, the answer is "kind of." They'd probably be able to sneak something like this in under fair use. I don't know that Phi could demonstrate any kind of cognizable damage to the market of his original photo.
But they are using it to sell their shit. Isn't that illegal?
Seriously, if you put up a picture on any site, is it fair game?
If it's watermarked like that then it's not fair game. That's why people put a watermark on a photo, it denotes ownership of that image. To blatantly cover up the watermark like that is unethical, and should be illegal. It's claiming property of another without permission, aka forgery (maybe not forgery, but there is a word I'm looking for.... plagiarism.. maybe plagiarism)
But they are using it to sell their shit. Isn't that illegal?
Seriously, if you put up a picture on any site, is it fair game?
Eh, the answer is "kind of." They'd probably be able to sneak something like this in under fair use. I don't know that Phi could demonstrate any kind of cognizable damage to the market of his original photo.
"fair use is intended to allow the unauthorized use of copyrighted materials for the benefit of society, believing such use serves a higher purpose."
If it's watermarked like that then it's not fair game. That's why people put a watermark on a photo, it denotes ownership of that image. To blatantly cover up the watermark like that is unethical, and should be illegal. It's claiming property of another without permission, aka forgery (maybe not forgery, but there is a word I'm looking for.... plagiarism.. maybe plagiarism)
Eh, the answer is "kind of." They'd probably be able to sneak something like this in under fair use. I don't know that Phi could demonstrate any kind of cognizable damage to the market of his original photo.
"fair use is intended to allow the unauthorized use of copyrighted materials for the benefit of society, believing such use serves a higher purpose."
higher purpose=selling beer
They could argue fair use here, but there's no way it applies. Calculating damages gets tricky, but Phi could go after both North Coast AND Heineken, so that's nice.
Eh, the answer is "kind of." They'd probably be able to sneak something like this in under fair use. I don't know that Phi could demonstrate any kind of cognizable damage to the market of his original photo.
"fair use is intended to allow the unauthorized use of copyrighted materials for the benefit of society, believing such use serves a higher purpose."
higher purpose=selling beer
That's a very fine and lofty description of the original ideals behind fair use. Pretty much every federal decision in recent memory has dealt with the idea that most purposes for which fair use is invoked ultimately confers some sort of financial benefit upon the user. It's not really a determining factor any more.
"fair use is intended to allow the unauthorized use of copyrighted materials for the benefit of society, believing such use serves a higher purpose."
higher purpose=selling beer
They could argue fair use here, but there's no way it applies. Calculating damages gets tricky, but Phi could go after both North Coast AND Heineken, so that's nice.
I wouldn't be so sure that fair use doesn't apply. Market impact is generally the most important factor with respect to fair use determinations...and Phi would have to prove that this somehow changed the market for his photograph. I don't see how that happens. He provides photographs as an ancillary part of his overall festival coverage; they're using a photograph of his for an ad for a contest they're running. Nobody is going to stop going to FestivalSnob.com for the latest hot steaming loads of festival scoopz just because of this photograph.
But this is all theoretical and insane because suing someone over something this minor is complete madness. Send them some harassing messages on Facebook, expose them on Twitter, demand photo credit or some sort of compensation, and be done with it.
They could argue fair use here, but there's no way it applies. Calculating damages gets tricky, but Phi could go after both North Coast AND Heineken, so that's nice.
I wouldn't be so sure that fair use doesn't apply. Market impact is generally the most important factor with respect to fair use determinations...and Phi would have to prove that this somehow changed the market for his photograph. I don't see how that happens. He provides photographs as an ancillary part of his overall festival coverage; they're using a photograph of his for an ad for a contest they're running. Nobody is going to stop going to FestivalSnob.com for the latest hot steaming loads of festival scoopz just because of this photograph.
Dude, they swiped his photo wholesale, covered up the damn watermark, and used it to shill the shitty fest/shitty beer. It doesn't get much more cut and dry than this.
But this is all theoretical and insane because suing someone over something this minor is complete madness. Send them some harassing messages on Facebook, expose them on Twitter, demand photo credit or some sort of compensation, and be done with it.
Now this I totally agree with, but you're the one who brought up Federal case law.
Wait. Was there any sort of clause in your media/photo pass that allows NC to rip you off?
I take it all back. You're screwed.
Nope. After getting an email informing me my media application had been approved, I flew all the way to Chicago only to be handed a GA ticket and a "Have Fun". They did not give me a photo pass to access the pits therefor I signed no legal documents.
Also, an e-mail was sent yesterday to both the publicist to React Presents and Heineken's legal department. I have heard back from both parties as they investigate. React Presents said that there was no malicious intent and that they could not confirm the photo used was indeed mine. They also removed the photo from their social media accounts. Heineken's legal department let me know they are in contact with North Coast and would keep my informed.
Juggs is right, legally this is a pretty petty case and I likely would not pursue it much further. However, ethically this is pretty shameful and North Coast knows that and Heineken is clearly not happy with them.
And no, photos uploaded to Facebook and Instagram are not public domain.