I agree that, that image MAY have infringed, which is why I did not produce that image. As far the design the I created for the shirts has passed the four factors checklist. My work is transformative. In short, transformative use is a use that creates something new, rather than simply creating something intended to substitute for the original. My work does not infringe upon the market value of the photo. The fourth and final factor deals with the potential harm the use does to the market for the original work. The fourth factor, much like the first, is generally given more weight in court decisions. Courts will occasionally not uphold a copyright on modified public domain material if the changes are deemed to be "de minimis". Similarly, courts have dismissed copyright infringement cases on the grounds that the alleged infringer's use of the copyrighted work (such as sampling) was so insignificant as to be "de minimis". Now, Are ready to get off of your high horse?
Suit yourself. Look, I don't know anything about image rights and as a result don't know who is in the legally right position. And I don't know you, or ewheatley, or Andy Mead. But for me, the coolest part of this shirt is the shadow of Donovan derived from Andy's photo. I like the shirt a lot. It's very nicely done. But the Donovan image is what makes it special because it captures the thrill of the victory. It was a childish gesture by Donovan, just like the shirt is a childish gesture for any fan who puts it on. It's really perfect. Also, it hardly seems like Andy was looking for anything of substance from a guy who printed up 30-40 shirts. To someone who just reads what is in this thread, it certainly seems like ewheatley is antagonizing Andy Mead unnecessarily. But perhaps there is more to this story than appears in the thread.
Or perhaps AndyMead is antagonizing me. He did not take the photo. I understand Andy's argument, but I do not think it is justified in this situation. Had I printed the other design, which was much more detailed, and clearly referenced the photo and clearly showed that it was LD, then perhaps I would agree with his argument, but I did not. I do not think that I violated any photgraphers rights with this photo. And, I do not download illegal software or music. In fact, I used my $2,000 software package to earn $180 net profit on these shirts.
There was a similar copyright incident with a photo of Obama. An artist did much the same thing and the AP attempted to sue. I can't remember what happened with it though. http://excesscopyright.blogspot.com/2009/02/fair-use-of-obama-photo.html I found this as well: http://www.artslaw.org/DERIV.HTM All of that being said I can't wait to buy one from the next batch!
haha, that's me. I got separated from everyone else on the metro and there was some kid reading the back of it angrily. I laughed.
AWESOME!! You really made my day when I saw that! I couldn't be there, but at least part of me was in spirit!! Next design I print, you get for free!!!
Couldnt find the picutre on the Mexican website but this is the one from my phone. I'll take a better one tomorrow, but thats me in the corner in the sombrero with the shirt on.
Very sweet shirt! I also very much like the design and the color. I would be game for 4 or 5 of them when they become available. keep me posted...
EWHEATLEY- Yo! you gotta tell me where I can score some of those shirts! They are sweet! I would order a handful!
Did objectivo.com give you a free shirt for wearing the Dos-A-Cero to Azteca? Which one did you get??
OK - I want one of these shirts - updated with the latest Columbus smackdown of course... Are these going to be reprinted? Can they be put on a print-on-demand storefront like Cafe Press or Zazzle?
Glad someone found this thread. I figured I was just going to need to put some tape on my current shirt with the "update"