{"id":23914,"date":"2016-06-26T00:30:22","date_gmt":"2016-06-26T08:30:22","guid":{"rendered":"http:\/\/blog.unifiedmanufacturing.com\/?p=23914"},"modified":"2021-12-01T09:02:23","modified_gmt":"2021-12-01T09:02:23","slug":"design-copyright-infringement-costly-cases","status":"publish","type":"post","link":"https:\/\/www.unifiedmanufacturing.com\/blog\/design-copyright-infringement-costly-cases\/","title":{"rendered":"5 Famous Design Copyright Infringement Cases"},"content":{"rendered":"

BAIO VS JAY MAISEL<\/strong>
\n<\/a><\/p>\n

Baio, a web developer, paid photographer Jay Maisel more than $32,000 settlement over a copyright infringement claim. The case stems over the cover art for the album\u00a0Kind of Bloop<\/em><\/a>, a chiptune remake of the Miles Davis classic,\u00a0Kind of Blue.\u00a0<\/em><\/p>\n

Yes, you got that right. 32k for this.<\/p>\n

Baio\u00a0claims that by using NES-style pixel art to capture the artistic essence of the original album cover with \u201ca fraction of the resolution and color depth of an analog photograph\u201d he transformed it. Here\u2019s how Judge Batts would respond \u201cIf an infringement of copyrightable expression could be justified as fair use solely on the basis of the infringer\u2019s claim to a higher or different artistic use . . . there would be no practicable boundary to the fair use defense.\u201d<\/p>\n

THE ASSOCIATED PRESS VS. FAIREY<\/strong>
\n<\/a>
\nFamous street artist Shephard Fairey created the Hope poster during President Obama\u2019s first run for the presidential election in 2008. The design rapidly became a symbol for Obama\u2019s campaign. In January 2009, the photograph on which Fairey allegedly based the design was revealed by the Associated Press as one shot by AP freelancer Mannie Garcia \u2014 with the AP demanding compensation for its use in Fairey\u2019s work. Fairey responded with the defense of fair use, claiming his work didn\u2019t reduce the value of the original photograph.
\nThe artist and the AP press came to a private settlement in January 2011, part of which included a split in the profits for the work.<\/p>\n

It\u2019s unlikely that Garcia\u2019s work could have ever reached the level of fame it did, if not for Fairey\u2019s poster. Garcia himself stated he was \u201cso proud of the photograph and that Fairey did what he did artistically with it, and the effect it has had,\u201d but still had a problem with the fact that Fairey took the image without permission and without credit for its originator.<\/p>\n

via 99Design<\/a><\/p>\n

MCCANDLESS VS DIDO<\/strong><\/p>\n

<\/a><\/p>\n

The cover of Dido’s album Safe Trip Home<\/strong><\/em>\u00a0shows McCandless<\/strong>\u00a0, the first astronaut to make an untied or untethered \u2018free flight\u2019 in space, \u2018free flying\u2019 in space, around 320 meters away from the cargo bay of the space shuttle Challenger<\/strong>.<\/p>\n

In a complaint filed on September 30 in Los Angeles<\/strong>\u2018 federal court, McCandless<\/strong> said that he never gave permission for Dido<\/a> to use the 1984 photograph of him. Along with Dido<\/a>,McCandless<\/strong> named Sony Music Entertainment<\/strong> and Getty Images Inc<\/strong> in the lawsuit. He is seeking unspecified damages, citing that the use of the image is an infringement of his persona.<\/p>\n

ROGER DEAN VS JAMES CAMERON<\/strong><\/p>\n

<\/a><\/p>\n

Roger Dean, album designer best known for designing album covers and artwork for the band Yes, <\/em>filed a\u00a0lawsuit against James Cameron and the motion picture Avatar <\/em>for the stark\u00a0similarity between Dean\u2019s work and the depiction of the planet Pandora in Avatar.<\/p>\n

Immediately upon the release of Avatar,<\/em> numerous commentators noticed the similarity. It was so\u00a0obvious that Cameron was directly asked about it in an interview with Entertainment Weekly.<\/em><\/p>\n

\u201cWhere did Cameron get the idea for the floating mountains? Was that from a Yes<\/em>album cover?<\/strong>
\n\u2018It might have been,\u2019 the director says with a laugh. \u2018Back in my pot-smoking days.\u2019\u201d<\/p>\n

But on Wednesday, U.S. District Court Judge Jesse M. Furman<\/strong> dismissed the suit, which was being heard in New York.\u00a0Furman called several of Dean’s claims “misguided,” noting that as evidence, the artist included images from “books about or derived from Avatar<\/em>” rather than the film. The judge also noted that images from the film were cropped, rotated, and otherwise taken “out of context” in an attempt to make them look similar to Dean’s paintings, which were in turn also\u00a0manipulated by the artist.<\/p>\n

via copyright.nova.edu<\/a><\/p>\n

SUFJAN VS DC<\/strong><\/p>\n

<\/a><\/a><\/p>\n

The original cover<\/a>\u00a0of Sufjan Stevens’ 2005 album Illinois <\/em>featured an image of Superman flying over Chicago, due to the fact that the city of Metropolis from the Superman comics was based on Chicago. However, the cover had to be redesigned soon after the album’s release due to the threat of a lawsuit from DC Comics. The Superman image was replaced by an image of three floating balloons.<\/p>\n

via\u00a0http:\/\/www.musictimes.com\/<\/p>\n

____________________________________________<\/p>\n

James Hill<\/i><\/b> is a veteran of the music industry. He first worked at Warner Reprise Records then later joined Interscope\/ Geffen Records where he managed producers and songwriters and got his first platinum record for Keyshia Cole’s The Way It Is. He is now helping indie artists with branding and manufacturing through his company <\/i>Unified Manufacturing<\/i><\/b><\/span><\/a>, a CD\/DVD\/vinyl and merch company in LA.<\/i><\/p>\n","protected":false},"excerpt":{"rendered":"

BAIO VS JAY MAISEL Baio, a web developer, paid photographer Jay Maisel more than $32,000 settlement over a copyright infringement claim. The case stems over the cover art for the album\u00a0Kind of Bloop, a chiptune remake of the Miles Davis classic,\u00a0Kind of Blue.\u00a0 Yes, you got that right. 32k for this. Baio\u00a0claims that by using […]<\/p>\n","protected":false},"author":5,"featured_media":23947,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22,5,4,11,25,7],"tags":[],"class_list":["post-23914","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-artist-tips","category-cd-duplication-packaging","category-cd-manufacturing","category-copyright-music-bands","category-graphic-design","category-packaging-design"],"_links":{"self":[{"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/posts\/23914","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/comments?post=23914"}],"version-history":[{"count":5,"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/posts\/23914\/revisions"}],"predecessor-version":[{"id":33995,"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/posts\/23914\/revisions\/33995"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/media\/23947"}],"wp:attachment":[{"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/media?parent=23914"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/categories?post=23914"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.unifiedmanufacturing.com\/blog\/wp-json\/wp\/v2\/tags?post=23914"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}