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NSA Infringed Adam Hart-Davis' Photograph For Its PRISM Logo

Copyright

from the uh-oh dept

Thu, Jun 13th 2013 8:12am — Mike Masnick
Perhaps the NSA has finally met its match: copyright infringement. You may have seen the logo that the NSA is using for the PRISM program (shown here upside down for a reason that will become clear shortly):
Well, it turns out that the prism image that they used is being used without permission. The photo was actually taken by Adam Hart-Davis, a well-known BBC presenter. You can see the original below:

Photo by Adam Hart-Davis/DHD Multimedia Gallery
As Adam's son, Damon, notes in the link above, the image is free for use via his gallery under some simple terms, including acknowledging the author. Damon jokingly suggests asking the NSA for a small donation, though he worries about any undue attention from the folks at the NSA.

Of course, in a country where copyright laws trump all, perhaps Damon could sue for infringement and seek discovery to find out all the documentation on PRISM.
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Filed Under: adam hart-davis, copyright, damon hart-davis, logo, nsa

62 Comments

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  • icon
    Akari Mizunashi (profile), 13 Jun 2013 @ 6:36am

    All our problems are solved.

    The DoJ will make quick work of...


    ... damn.

    [ link to this | view in chronology ]

  • icon
    Gothenem (profile), 13 Jun 2013 @ 7:28am

    lol

    Umm, this is sort of funny. If he goes to court claiming infringement, and the courts find that the use of the image is not infringing, it will put a huge hole in the current copyright regime and set the MAFIAA against the government.

    On the other hand, if the image IS found to be infringing, then specific organization that uses the image can be on the hook for a nice chunk of change (not that they couldn't afford the 150,000 dollar statuatory fee). Of course, he could go for ACTUAL damages, and get a percentage of all money made under the PRISM program, which would require discovery on the program, to find out how much money was made on it.

    Ahhh, irony....

    [ link to this | view in chronology ]

  • icon
    andrew_duane (profile), 13 Jun 2013 @ 8:21am

    That's strike 1

    1 down, 5 more strikes to go. I wonder how you would go about disconnecting the NSA from the Internet?

    :-)

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 13 Jun 2013 @ 8:37am

      Re: That's strike 1

      NSA Employee: Ok, time to log into the NSA server to perform my nefarious dee...what the?

      FBI Badge? Domain seized!? Copyright Infringement!???

      NOOOOOOOO!!!!!

      [ link to this | view in chronology ]

    • icon
      Baldaur Regis (profile), 13 Jun 2013 @ 8:57am

      Re: That's strike 1

      Yes. When will those pirating creatives in the NSA Audio-Visual Department realize that sharing is outright theft? And don't hand me that 'transformative use' crapola - that's just a freetard defense.


      /sarc

      [ link to this | view in chronology ]

    • icon
      gorehound (profile), 13 Jun 2013 @ 2:06pm

      Re: That's strike 1

      LOL !
      They should get Sued for a Billion Dollars too !

      [ link to this | view in chronology ]

  • identicon
    Alt0, 13 Jun 2013 @ 8:23am

    Silly Rabbit...
    The government is obviously exempt from its own laws.
    Have you not learned anything in the past few days?

    [ link to this | view in chronology ]

    • icon
      Bergman (profile), 13 Jun 2013 @ 8:33am

      Re:

      Ah, but that's criminal law the government exempts itself from (mainly by refusing to prosecute itself). In civil law, the plaintiff is the one who decides whether or not to file.

      [ link to this | view in chronology ]

    • identicon
      dsk, 14 Jun 2013 @ 8:04am

      Re:

      Have you not learned anything in the past?
      ftfy

      [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Jun 2013 @ 8:35am

    I feel bad for Damon he will be have to endure enhanced searches for a long time anywhere he goes.

    [ link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    out_of_the_blue, 13 Jun 2013 @ 8:39am

    Your lamest article ever to try and attack copyright.

    I stay here just the lolz as Meltdown Mike gets desperate.


    Take a loopy tour of Techdirt.com! You always end up same place!
    http://techdirt.com/
    If Mike supports copyright, why are the pirates here? They take him same as I do: PRO-PIRACY!
    04:39:22[f-522-4]

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 13 Jun 2013 @ 8:41am

      Re: Your lamest article ever to try and attack copyright.

      Yeah. Especially since the target of the article was not Copyright.

      Way to drop the ball Mike.

      [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 13 Jun 2013 @ 8:42am

      Re: Your lamest article ever to try and attack copyright.

      Erm Mike is actually not attacking copyright which would be clear if you READ THE DAMN ARTICLE!

      [ link to this | view in chronology ]

      • identicon
        Anonymous Coward, 13 Jun 2013 @ 2:10pm

        Re: Re: Your lamest article ever to try and attack copyright.

        I'm pretty sure it(blue) did. Word/Context comprehension is the problem here, as well as an inability to differentiate between false positives and actual reality. It's why i come back from time to time, just to see what kind of "pattern identification" blue(and others, their funny) will make up next. Nicest thing to say? "why, blue, you've quite the imagination!"

        lol.

        [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 13 Jun 2013 @ 10:11am

      Re: Your lamest article ever to try and attack copyright.

      I can just lolz as out_of_the_bob continues to not read the articles and copy+paste the same few attack comments with no basis before fleeing to another article to do it again. You poor, downs-ridden child

      take a creepy tour of out_of_the_blue's basement! You can always find new types of barnyard animals that are begging to not be violated!

      If out_of_the_blue supports copyright, why is his house decorated with all that infringing Nazi paraphernalia? Doesn't he know that the copyright on that extends to 80 years after Hitler's death?

      Take him the same as I do: out_of_his_mind!

      [ link to this | view in chronology ]

    • identicon
      Jason, 13 Jun 2013 @ 10:56am

      Re: Your lamest article ever to try and attack copyright.

      Congratulations out_of_the_blue, you have just been named the unofficial inventor of the

      Frequently Asserted Proposition fallacy.

      BUT WAIT, that's not all.

      Not only is ootb famous for FAP, he is in fact considered by many to be the most REGULAR and FLUENT purveyor of FAP on the internet today.

      Let's all sing his song to cheer him one, "FAP, FAP, FAP, FAPPity FAPFAPFAPFAP"

      [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Jun 2013 @ 8:42am

    Jesus Motherfuckingeagles Christ, don't these guys realize that's the worst possible sin anyone can commit? This is a bigger scandal than spying and harvesting the personal data of every single American!
    We need to immediately and posthaste raid their servers and railroad these guys into jail for this heinous crime!

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Jun 2013 @ 8:42am

    "Damon jokingly suggests asking the NSA for a small donation, though he worries about any undue attention from the folks at the NSA. "

    They can't do that. Not unless they want to violate point 3 of the Terms and Conditions:

    3. Don't sell or steal our stuff, or be nasty to us.

    I doubt an entity like the NSA would risk doing something like that and damage their public image.

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Jun 2013 @ 8:47am

    Let's see here...
    1 trillionth of one cent for each time the image is used...
    multiplied by Copyright Cartel math...
    equals out to roughly 14 times all the money of the world.

    Can someone check my math?

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 13 Jun 2013 @ 8:13pm

      Re:

      you forgot to carry the 1.
      it is equal to all the money in the world plus $1

      [ link to this | view in chronology ]

  • icon
    Keroberos (profile), 13 Jun 2013 @ 8:48am

    Leave it to Mike to find some way to connect his anti-copyright hobby-horse to this story.






    Did I get it right?

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Jun 2013 @ 9:10am

    Tip of the iceberg...

    I'll bet they stored all those old ringback songs and on-hold music too, the dirty, voyeuristic pirates.

    And since we're probably sharing this data with other "free" nations, the back license fees and statutory damages will both bankrupt the government, and pay for the production of a single new blockbuster.

    [ link to this | view in chronology ]

  • identicon
    Rich, 13 Jun 2013 @ 9:11am

    It's fair use, but the reasons are classified.

    [ link to this | view in chronology ]

  • identicon
    Michael, 13 Jun 2013 @ 9:24am

    Ok, let's take a page out of the pro-copyright book and see if it applies.

    1) Rampant copyright infringement is funneling money into the hands of terrorists.
    2) The NSA is committing copyright infringement.

    Therefore...
    The NSA is contributing to terrorism!

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 13 Jun 2013 @ 9:40am

      Re:

      Hmm... fight terrorism with one arm, and uphold it with the other... isn't this the same basic strategy we used to justify the endless "war on drugs" and its component chilling effects? You might have been kidding, but it wouldn't be the first time if someone claimed some of our government agencies were in bed with Al quaeda.

      [ link to this | view in chronology ]

      • identicon
        Michael, 13 Jun 2013 @ 9:44am

        Re: Re:

        No. We fight the war on drugs "for the children".

        [ link to this | view in chronology ]

        • identicon
          Anonymous Coward, 13 Jun 2013 @ 1:25pm

          Re: Re: Re:

          And the war on children for the drugs
          And the war on piracy for the lobbyists
          And the war on laws for the terrorists
          The war on the poor however is just for the lulz

          [ link to this | view in chronology ]

  • icon
    Phoenix84 (profile), 13 Jun 2013 @ 9:39am

    3. Don't sell or steal our stuff, or be nasty to us.
    4. Don't use our stuff to deceive or mislead others.

    Hmm, I think the NSA has violated both points.

    [ link to this | view in chronology ]

  • identicon
    Michael, 13 Jun 2013 @ 9:46am

    Damon should call John Steele to get help drafting a letter.

    [ link to this | view in chronology ]

  • icon
    OldMugwump (profile), 13 Jun 2013 @ 9:49am

    Erm...I think they DID have permission

    I'm upset about the NSA snooping too, but fair's fair - I think they're in the clear on the copyright thing.

    From http://gallery.hd.org/terms.html:
    The creators of these Gallery images ... grant you the following non-exclusive rights to use them for any reasonable commercial or non-commercial purpose:
    ... followed by a list of conditions that NSA doesn't seem to have violated. It says:
    You acknowledge the author, including in derivative works, if possible with a caption of the form...
    Emphasis mine. I don't see how they can be expected to include a link in JPG image of a PowerPoint slide. So I think they're in the clear on this.

    Much as I dislike the snooping, I'm actually pleased that the NSA seems to have made an effort to find a freely released graphic.

    [ link to this | view in chronology ]

    • icon
      OldMugwump (profile), 13 Jun 2013 @ 9:56am

      Re: Erm...I think they DID have permission

      Ha - irony of ironies.

      I realized I said the NSA was "in the clear". Get it? NSA "in the clear"? I bet THAT doesn't happen very often!

      [ link to this | view in chronology ]

    • icon
      Machin Shin (profile), 13 Jun 2013 @ 10:02am

      Re: Erm...I think they DID have permission

      "grant you the following non-exclusive rights to use them for any reasonable commercial or non-commercial purpose:"


      I don't know about you but I think the "any reasonable" part of that excluded any use by the NSA.

      [ link to this | view in chronology ]

    • icon
      dennis deems (profile), 13 Jun 2013 @ 10:23am

      Re: Erm...I think they DID have permission

      I don't agree with your interpretation at all.
      You acknowledge the author, including in derivative works, if possible with a caption of the form:
      Author Name/DHD Multimedia Gallery
      You might improve this with a link to the lobby of the Gallery ...
      PowerPoint is perfectly capable of displaying captions and hyperlinks.

      [ link to this | view in chronology ]

      • icon
        OldMugwump (profile), 13 Jun 2013 @ 10:39am

        Re: Re: Erm...I think they DID have permission

        I haven't seen the original PowerPoint slides - just JPGs of them. Have you? (The metadata would be interesting.)

        Anyway, putting an acknowledgement and caption on every use of a logo is hardly practical. And it says "if possible".

        [ link to this | view in chronology ]

      • identicon
        Anonymous Coward, 13 Jun 2013 @ 10:55am

        Re: Re: Erm...I think they DID have permission

        > PowerPoint is perfectly capable of displaying captions and hyperlinks.

        Tell that to a part of the US army. THEY RECENTLY DISCOVERED LOWER CASE.

        [ link to this | view in chronology ]

    • identicon
      Milton Freewater, 13 Jun 2013 @ 2:39pm

      Re: Erm...I think they DID have permission

      "I don't see how they can be expected to include a link in JPG image of a PowerPoint slide. "

      The terms don't require a link. They require acknowledgement, which can very easily be offered on a PowerPoint slide.

      We have a law so convoluted the NSA doesn't know if they violated it or not, and now you have published a long, thoughtful post based on a misunderstanding of your own.

      [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Jun 2013 @ 9:50am

    This beges the question which I hate more: Pushy invasion of privacy or our overbearing intellectual property laws.

    I think my head is going to explode.

    [ link to this | view in chronology ]

    • icon
      Gothenem (profile), 13 Jun 2013 @ 2:43pm

      Re:

      So the government is immune to copyright infringement? I can see torrent downloaders by the score sitting in front of the White House, gobbling up Wi-Fi to download movies, and be free of prosecution, because the Whitehouse IP address is immune to copyright infringement.

      [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Jun 2013 @ 11:15am

    Damn pirates they are inside the NSA now.

    [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Jun 2013 @ 3:46pm

    But. The. Pirates!

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Jun 2013 @ 12:16am

      Re:

      The NSA used an image without permission, so now they're pirates. So yeah, we are stopping pirates. All of them. Including the ones you happen to like.

      Or are the NSA called "privateers" now?

      [ link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Jun 2013 @ 3:56pm

    It's not that the government is exempt from the law, it's that Obama will simply have anyone who tries to press too hard "disappeared"....as has happened previously with assassinations inside and outside the mainland US

    [ link to this | view in chronology ]

  • icon
    Uriel-238 (profile), 14 Jun 2013 @ 11:17am

    Allow me, gents:

    All that is now
    All that is gone
    All that's to come
    and everything under the sun is in tune
    but the sun is eclipsed by the moon.
    --Old Pink, care of the Funny Farm, 1973

    [ link to this | view in chronology ]

  • identicon
    kumana, 19 Mar 2015 @ 1:30pm

    inquiry

    I need so much to learn the prism system on computer,but where I am no One it, that's why I would ask you if there is away to teach me this precious program of computer quickly.

    [ link to this | view in chronology ]


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