News Agency Seems To Think It Can Copyright The Hells Angels Logo
from the copyrfraud dept
We've been seeing various news agencies try to claim copyright on any images they post lately, and Christian Tremblay points us to yet another such case. This one comes on a French Canadian story from Canoe.ca. Honestly, the story itself is meaningless here, but what caught Tremblay's attention was that the image at the top, of the Hells Angels' logo, appears to have a © notice claiming that the logo's copyright is held by the news agency Agence QMI:Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: copyfraud, copyright, hell's angels
Companies: agence qmi
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Well, humans are generally very territorial, much worse than animals. Imagine if a stranger suddenly walked into your house without your permission. Heck, we don't even let insects in our house without killing them and spraying them, yet alone random animals that don't belong to us even into our back yard or streets even. Well, in other countries dogs are allowed to wander the streets, but not here in America. Americans are even more territorial.
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Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
Either that or it's a copyright mark for the STORY, not the graphic. Geez.
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Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
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Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
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Re: Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
You really are dumb.
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Here's yet another case where Mike writes "appears" because he's not certain, then after I take opposing reasonable view of the matter, some AC attacks me with a one liner. This is why I despise his fanboy-trolls, just mindless negativism.
IF, AC, you're disputing my take on it, well, Monsieur "Paul Renault" at #6 has the same opinion as I do.
It's up to Mike to make a COMPELLING CASE before he writes. If he has nothing more than opinion over a matter that isn't important even if true, then he shouldn't post.
By the way, I've reviewed my proposed rules to prevent trivial idiots like AC here from trolling the site with childish contradictions, and gathered them into one post at:
http://techdirt.com/articles/20100412/1526158979.shtml
Maybe, Mike, if you made the changes that I propose -- such as deleting one-liners by ACs -- then you might stop your slow slide into crapdom. I've been noticing that even minor esoteric stories on other sites draw more comments and better debating than here.
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Re: Re: Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
Even if a matter isn't important, why shouldn't he post it if he wishes? People post about non-important matters on their social networks all the time. The news media constantly covers non-important matters about celebrities. Why must something be important to be posted? Heck, most of what you post is non-important. and if you find the discussions on this blog to be non-important, why are you here? Apparently his post was important enough for you to respond to.
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Re: Re: Re: Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
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Re: Re: Re: Re: Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
and, btw, it's funny how blue criticizes Mike's writing when Blue uses words like non-important (when unimportant is the better word. I was just using non-important to use Blue's own words).
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Is that you, "Dark Helmet", famiiarly addressing me as "Blue"? But it fits with the ramble over word usage. Are you drunk? Use Find on the first instance of "non-important" on this page: you /should/ discover that it's in your own post, but in your condition, I don't know whether you will.
Since an AC attacking me for what he wrote is good illustration of the forum quality, think I'm going on to next story, new one up...
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Re: Re: Re: Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
Apparently his post was important enough for you to respond to.
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To respond with jeering. Mike pretends to be a serious Ivy League educated "economist". Here he's got at most, "appears" to be copyfraud. I've stated my reasons for doubt and even posted the very ambiguities. The copyright circle isn't connect to the image, let alone IN, and the site varies in its practice, some images have no such labels near.
And then fanboy-trolls come out and clutter the site with off-topic defense.
So, AC, come down on the topic question: copyfraud or not?
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Re: Re: Re: Re: Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
No he doesn't.
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Re: Re: Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
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Re: Re: Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
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Re: Re: Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
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Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
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Re: Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
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Re: Here it is, Mike, evidence of copyfraud! I was able to Ctrl-C it,
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The Angels have lawyers.
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Not copyfraud...
I looked at the page, right-clicked on the image, and DIDN'T see the copyright notice on the image, just the trademark logo/notice("MC" - Marque de commerce).
I also looked at other stories on the website: all of them have the same-ish copyright notices: "© Agence QMI / Archives", "©Agence QMI/ Jean-François Desgagnes", "© Agence QMI", "© AFP / YOUTUBE", and "©AFP/ Dimitar Dilkoff".
To me, it all looks OK. Copyright correctly attributed to respective parties, from the half-dozen I looked at.
No story here, move along.
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Re: Not copyfraud... @ "Paul Renault": Think "MC" on the graphic
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Re: Re: Not copyfraud... @ "Paul Renault": Think "MC" on the graphic
(MC) = (TM) Clear enough?
It's just the same as if the NYT had an article about french (sorry, "american") fries and there was a picture of a bottle of ketchup and the bottle's label had (TM) next to the word "Heinz". In this case, the NYT wouldn't be claiming copyright of the bottle label, no?
Yeesh!
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Re: Re: Re: Not copyfraud... @ "Paul Renault": Think "MC" on the graphic
One obvious proof of this is that the font is the same as "Hell's Angels." Why would an organization alter their trademark notice to match the font of an outside logo?
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Re: Re: Re: Re: Not copyfraud... @ "Paul Renault": Think "MC" on the graphic
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Re: Not copyfraud...
The copyright notice is right below the image, just like the Techdirt post shows.
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image has no copyright when viewed
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Re: image has no copyright when viewed
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If you really want to be taken seriously, then stop with the petulant, idiotic articles like this. God, you're an insufferable fool.
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I'll address this in case it's not parody, though I think it probably is.
Why is it that copyfraud too often goes unpunished (plus the punishment for fraudulently claiming privileges over public domain works are relatively low, not referring to the above work), but the legal penalties for infringement are insanely high? Why is it that the moment someone potentially infringes, even if it's just a minor infringement and is possibly fair use, corporations are quick to file DMCA takedowns and often demand settlement fees or threaten to sue, yet this sort of fraud is perfectly OK and not even worth mentioning? Mike and others should ignore copyfraud and abuses of our IP system, but infringement is not OK.
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If anything, it would appear that Mike is being somewhat fraudulent in his presentation, considering the copyright notice is NOT part of the image, rather something that is added in the HTML. It should be noted that the top and bottom lines are also not part of the image, just part of the page presentation that Mike is trying to use to make this look like a copyright tag on the image.
Further, where is the fraud here? Since the copyright notice is not on the image, but added in the html by the posting site, it could be a generic tag used when blank for this source, example. There is no indication (none at all) that QMI intentionally claimed copyright on the Hells Angels logo.
So to use a term like copyfraud is seemingly rather dishonest, and the presentation on Techdirt made intentionally or accidentally misleading.
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Re: Re: Re:
Calling infringement theft is a loaded term.
"especially when you look at the page and site as a whole"
That never stopped IP maximists from criticizing Google and proclaiming how much they allegedly benefit from infringement.
"considering the copyright notice is NOT part of the image"
Someone else responded to that here. I clicked the image and copied and pasted it into MsPaint, the notice is indeed part of the image. Why must you lie?
http://www.techdirt.com/articles/20111026/02180816516/news-agency-seems-to-think-it-can-copy right-hells-angels-logo.shtml#c550
Again, IP maximists make a huge deal out of infringement and piracy, even if accidental the penalties can still be huge, yet copy fraud is no big deal.
"Further, where is the fraud here?"
The public is being misled to believe something that's not true.
"There is no indication (none at all) that QMI intentionally claimed copyright on the Hells Angels logo."
There is indication, they put a copy protection notice on it. On the other hand, there is absolutely no indication that they didn't intentionally claim protections.
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Wow. You are saying that the HTML that another site generated somehow indicated that QMI committed "copyfraud"?
I shake my head.
Please look at the original image:
http://fr.canoe.ca/archives/infos/societe/media/2011/10/20111024-195152-g.jpg
Please tell me where on this image you see a copyright notice.
when you are done figuring out that you fucked up, you can apologize, and I might even accept it.
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I don't think it was intentional, I just pointed out that there is indication to suggest that it was intentional and that there is no indication to suggest otherwise. I'm just pointing out that claiming that no indication exists is false. However, I do not think there is enough indication to reasonably conclude it was intentional, just enough to slightly suggest it.
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Take your tin foil hat back off.
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Because nobody who is potentially harmed by it files suit.
Saying "somebody should do something" is not very helpful, nor is claiming "courts don't seem to care." Courts can't rule on cases that aren't filed.
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H.A.s and their logo
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I don't see the fraud here. Who exactly is being defrauded?
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Copy protection laws do not care about accidental infringement. Ignorance is no excuse to law. If someone accidentally infringed on something because of an automated system, they can still be liable.
"Who exactly is being defrauded?"
The public.
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Actually, there is a "volitional act" requirement in U.S. copyright law. Gets a little murky when applied to specific circumstances, though.
But, at any rate, if you feel you've been harmed, then you should do something about it, instead of simply decrying that "something must be done."
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They don't listen, see the Occupy Wall Street.
Maybe assassinate some congressman and judges that wouldn't be that fun although it is doable, insurgents showed every one how to do it, you don't use guns you use IED's, though with a shapped charge in front it will pass through any armor.
But that is only temporary relief, the problem is the system, the people inside it are inconsequential to the whole, they could die like flies and still there would be more being trained at the lower ranks that would start all over again, this is a cultural problem.
What we need is to bitch about it and show how ugly it really is, it needs to be vilified, copyright needs to be flagged in public it is the tool used to oppress people and it needs to go away.
People need to organize and start making their own laws, using old ones as templates, discussing them in online forums and pledging to vote for whatever gets decided, like the Tea Party did, they didn't had laws though they did had people who they put in congress, if they have wrote laws those puppets there would have something to sign for it and then it won't matter who gets in place.
Also people should start doing databases of people who work for the government with detailed profiles of pre-employment and general tendencies, to see where in the government machine the weed needs to be pulled from the government grass.
It will happen I'm sure of it, people don't believe they can do it just yet, but I know this will happen, I'm just sad that maybe I won't be around to see it though.
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IP maximists who commit copy fraud ought to be sued into the ground without any mercy whatsoever no matter how minor the violation. After all, IP maximists have absolutely no mercy on infringement, or even the potential of infringement, no matter how minor.
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If you look at the page in question, you would see that the copyright notice is not part of the image. It's pretty much elementary stuff. What you did here is create a single image with the copyright in it, but which clearly doesn't represent the reality of the situation. The image on the website has no copyright notice in the image.
Are you so desperate to find a problem that you are willing to misrepresent the facts? The image has no copyright label in the image. See:
http://fr.canoe.ca/archives/infos/societe/media/2011/10/20111024-195152-g.jpg
Absolute, total, and complete Techdirt fail. Congrats Mike, you just knocked yourself down a notch.
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So if the copyright notice is right below the image but not actually part of the image file, it's not copyfraud? Interesting, where does it say that in copyright statutes?
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Mike is suggesting an intentional act, where there just does not appear to be one. It isn't even clear if it is QMI or the particular site added the copyright notice.
It just looks like Mike trying to create an issue where none exists.
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Right, when it's a media company violating copyright law, they say "oops" (if even that) and nothing else happens. Yet when a private individual violates copyright law, the oops defense never seems to hold any water.
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So beyond a technical glitch (system defaults to attributing copyright on this feed if there is no additional information), there isn't much going on, and certainly no malice or forethought towards committing fraud of any sort.
Mike on the other hand, well... let's just say the image in this post isn't the same as the image on the site.
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You may be missing my point. My point is that if "oops, it was an accident" doesn't get ordinary people off the hook for copyright infringement, why should we be ready to accept the same defense for false copyright claims?
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"oops it's an accident" applies where there is no real misuse or abuse. Nothing was gained here.
As for ordinary people, they get off the hook all the time. DMCA, their video on youtube gets taken down, and they are free to repost it without the copyright material. Nobody gets hurt. DMCA is accepting of an "oops", really.
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So somebody else falsely claimed QMI had copyright on the image? If so, then QMI isn't at fault but someone is.
Second, as neither QMI nor Canoe are trying to enforce copyright, what exactly is the big deal?
I suppose it's up to the legitimate copyright holders to decide if it's a big deal or not. Lawsuits have been filed over less.
As for ordinary people, they get off the hook all the time. DMCA, their video on youtube gets taken down, and they are free to repost it without the copyright material. Nobody gets hurt. DMCA is accepting of an "oops", really.
That is how the process works, but that doesn't really seem indicative of the attitude of many copyright holders who use it. It's often less of "I understand someone made a mistake, just take down the video and it's no big deal" and more "these filty pirates are ruining our business, so take down the video or we'll have to sue".
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Because that fraking law in congress right now doesn't care if anything is intentional or not.
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Heh. No, just a TAM fail. The (c) is tagged to the image. As pointed out above, stories without images don't have the same (c). That (c) is for the image. It doesn't have to be *on* the image to designate the image.
So, you fail. Again. I've lost count of many times that makes it, but you're pushing an average of a dozen per day.
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the (C) may not may not be for the image, but since it is added in HTML and not part of the image, it is not clear who actually put it there, and if there is any malicious intent. Did QMI provide it, or does the website automatically attribute to QMI anything that it gets without any specific notices on it?
To take it one step further, is there a claim of copyright on the content of the image, or just on the image itself, created in photoshop? Would you not say that the image itself, while the copyright would be weak, could be copyright to QMI even if the content of the image is not?
As for the "fails", Mike, just because I don't agree with you doesn't make for a "fail". On that basis, you fail in every post, because I rarely agree with you. Your post here claims copyfraud, you present an image which is NOT the image on the website (you took a screen capture, and tried to make it look like the copyright was on the image, where it was not), and you failed to consider alternate solutions that would explain how it got there. Basically, you are in such a rush to try to slam a media company, that you appear to have almost manufactured proof to try to make it look worse than it really is. That is a fail, end to end.
Oh, did you learn what "the bums rush" means yet?
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Regardless of which side you come down on it would appear that posting the story stimulated a dialogue, which I believe is one of the objectives here.
I think posting the story was a good decision.
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Now if there is a small portion of background music in a youtube video of your child dancing this is a really big deal, someone needs to be heavily fined and possibly put in jail for a very long time. This can not be tolerated.
And remember, we do not suffer under a two tiered system of justice in the good ol us of a, why do you hate america?
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Sorry, fail.
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No need to apologize for your ignorance. It is completely understandable that in these hectic times it has become more difficult to keep up on the news of the day. This story began in the year 2007 when a mother posted to youtube a small clip of her children dancing ... and the rest is history.
But wait - there's more. Apparently this is a story that keeps on giving. You can use the search engine of your choice to find a multitude of articles for your reading pleasure. Go ahead and give it a try - I used the search terms "prince dancing baby" but I'm sure other terms will do just fine. Do tell us how it went.
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Why would I want to search for a story that we are all familiar with, and has been discussed ad nauseum here by people who are unwilling to accept reality?
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Oh, I see. Your feigned ignorance was simply an act.
"it wasn't accidental background music, say the sound of a TV or a radio playing... it was the focus of the video"
The music was barely audible, the focus of the video was clearly the child dancing and the clip was very short relative to the entire length of the song.
"Why would I want to search for a story that we are all familiar with"
Because you seem to not be very familiar with it.
"people who are unwilling to accept reality"
Some people are willing to fight oppression regardless of how many times they are told to simply accept it. Welcome to the real world.
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P.S.
If they aren't claiming (c) on that logo, they oughta edit their site quickly! I hear motorcycles in the distance...
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You are falsely accusing someone of fraud. And potentially ruining their good name in good journalism.
Please report properly or don't report at all.
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Hells Angels Trademarek
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