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.”
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
You can’t simply reverse a video to avoid copyright. What gave you that idea?
People do it all the time on YouTube?
Surely you’re joking? People do it on YouTube to avoid automated detection. You would be laughed out of court for trying to assert copyright over a reversed video as a derivative work.
…automated detection is not law. It’s illegal, and if reported, will be pulled. If money is made from monetization, the channel can also be sued. Getting away with breaking a rule doesn’t magically mean you then automatically also get away with breaking a law. Reversing a video is considered “minor modification” that does not transform the original sufficiently to make it a new work.
It’s staggering to me how many people in this thread are completely ignorant of copyright law. I guess that’s a reflection of the times though.
Lol. That’s just to avoid the auto detection bots so it doesn’t get easily noticed for copyright infringement. People reverse the videos so they don’t get caught so quickly. Not because it makes them legal.