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

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

All our problems are solved.

The DoJ will make quick work of...

... damn.
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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....
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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?

:-)
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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?
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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.
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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.
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Andreas (profile), 13 Jun 2013 @ 8:37am

Re: lol
It's a good strategy, Kurt G�del did this successfully, let the system break itself.
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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!!!!!
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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]
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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.
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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!
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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!
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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.
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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?
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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?
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Anonymous Coward, 13 Jun 2013 @ 8:49am

Re: lol
Amazing, Republicans can't get ANYTHING right!
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Anonymous Coward, 13 Jun 2013 @ 8:52am

Re:
"Leave it to Mike to find some way to connect his anti-copyright hobby-horse to this story.
Did I get it right?"

No, boy, you didn't.

Mike is pointing out that the government's use of the artwork VIOLATES its own copyright laws!
If intelligence were a virus,you'd be disease-free.
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Anonymous Coward, 13 Jun 2013 @ 8:55am

Re: Re:
Your sarcasm meter is busted.
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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
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Anonymous Coward, 13 Jun 2013 @ 9:00am

Re:
Trolling these last few days has been trending more towards the topic of milk.
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Zakida Paul (profile), 13 Jun 2013 @ 9:07am

Re: Re:
Got milk?

Come on, it had to be done :-)
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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.
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Rich, 13 Jun 2013 @ 9:11am

It's fair use, but the reasons are classified.
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Keroberos (profile), 13 Jun 2013 @ 9:14am

Re: Re:
No, boy, you didn't.
Apparently, I did. ;)
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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!
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Glen, 13 Jun 2013 @ 9:32am

Re: Re: Re:
No milk here, that stuff is getting expensive. :)
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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.
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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.
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Zakida Paul (profile), 13 Jun 2013 @ 9:42am

Re: Re: Re: Re:
Same here in Ireland. I blame the loss of cows due to the fodder shortage.
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Michael, 13 Jun 2013 @ 9:44am

Re: Re:
No. We fight the war on drugs "for the children".
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Michael, 13 Jun 2013 @ 9:46am

Damon should call John Steele to get help drafting a letter.
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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.
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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.
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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!
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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.
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OldMugwump (profile), 13 Jun 2013 @ 10:05am

Re: Re: Erm...I think they DID have permission
Touche.
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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!
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Vidiot (profile), 13 Jun 2013 @ 10:13am

Re: Re: Re: Re: Re:
Well, in the US, this weekend is Fodder's Day.
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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.
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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".
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Anonymous Coward, 13 Jun 2013 @ 10:52am

Good luck suing the government for copyright infringement.

http://www.copyrightcodex.com/enforcement-toc/23-defendants/sovereign-immunity-state-as-defendan t

http://www.photoattorney.com/2009/05/suing-government-for-copyright.html
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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.
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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"
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Anonymous Coward, 13 Jun 2013 @ 11:15am

Damn pirates they are inside the NSA now.
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Chuck Norris' Enemy (deceased) (profile), 13 Jun 2013 @ 12:23pm

Re: Re: That's strike 1
Notice signed - M. F. Eagles
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Chuck Norris' Enemy (deceased) (profile), 13 Jun 2013 @ 12:26pm

Re: Re: Re: Re: Re: Re:
I need a "Sad Mexican Trumpet" button.
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Anonymous Coward, 13 Jun 2013 @ 1:07pm

Re: Re: Re: Re:
Make milk from hemp.

https://en.wikipedia.org/wiki/Hemp_milk
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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
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gorehound (profile), 13 Jun 2013 @ 2:06pm

Re: That's strike 1
LOL !
They should get Sued for a Billion Dollars too !
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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.
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Milton Freewater, 13 Jun 2013 @ 2:35pm

Re:
"Did I get it right?"

I think I can do better ...

"This pro-copyright article is doing a bad job of being against copyright."

If even that is too obtuse, I can always just post "milk it," blindly cheering the fact that posts appear on the blog at all.
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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.
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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.
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Anonymous Coward, 13 Jun 2013 @ 3:46pm

But. The. Pirates!
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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
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ChronoFish (profile), 13 Jun 2013 @ 6:39pm

Re: Re: Re: That's strike 1
Or Mr. F.
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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
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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?
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dsk, 14 Jun 2013 @ 8:04am

Re:
Have you not learned anything in the past?
ftfy
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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
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Oblate (profile), 17 Jun 2013 @ 6:49am

Re: lol
He might have a difficult time proving infringement- after all, the NSA did find the logo on their computer.
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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.
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