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<title>Techdirt. Stories filed under &quot;poster&quot;</title>
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<pubDate>Tue, 10 Jan 2012 08:34:51 PST</pubDate>
<title>Lamar Smith's Head-In-Sand Approach To SOPA Critics Inspires 'Lamar Smith Can't Hear You' Anti-Campaign Poster</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120109/02191817338/lamar-smiths-head-in-sand-approach-to-sopa-critics-inspires-lamar-smith-cant-hear-you-anti-campaign-poster.shtml</link>
<guid>http://www.techdirt.com/articles/20120109/02191817338/lamar-smiths-head-in-sand-approach-to-sopa-critics-inspires-lamar-smith-cant-hear-you-anti-campaign-poster.shtml</guid>
<description><![CDATA[ This is pretty awesome.  Last week, Lamar Smith (<a href="http://www.techdirt.com/articles/20111230/10300517237/lamar-smith-out-touch-with-internet-still-thinks-its-just-google-that-opposes-sopa.shtml">once again</a>) tried to <a href="http://www.techdirt.com/articles/20120105/04462117287/rep-lamar-smith-decides-lying-about-insulting-dismissing-opposition-to-sopa-is-winning-strategy.shtml">dismiss</a> any opposition to SOPA, by insisting that it was a tiny "vocal minority" who was peaking up, and insisting that "not one of the critics was able to point to any language in the bill that would in any way harm the internet."  Except... that's not true.  Tons of people have pointed out language that was problematic.  Furthermore, spitting on and lying about the widespread internet community, just as it's trying to make a difference, isn't that smart.  Via <a href="http://boingboing.net/2012/01/08/lamar-smith-cant-hear-you.html" target="_blank">BoingBoing</a>, we learn that this is just leading to further backlash, such as <a href="http://chadrocco.deviantart.com/" target="_blank">ChadRocco</a> creating a brilliant "anti-campaign" poster against Lamar Smith: <a href="http://chadrocco.deviantart.com/art/SOPA-I-CAN-T-HEAR-YOU-278226179" target="_blank">Lamar Smith Can't Hear You</a>:
<center>
<a href="http://chadrocco.deviantart.com/art/SOPA-I-CAN-T-HEAR-YOU-278226179" target="_blank"><img src="http://i.imgur.com/B5siM.jpg" width=560 /></a>
</center>
As Chad notes:
<blockquote><i>
Meet Lamar Smith, representative from Texas, and Chairman of the House Committee on the Judiciary.
<br /><br />
As Chairman he can kill any bill he doesn't like by denying it a hearing while giving priority to the bills he wants to pass, Like SOPA.
<br /><br />
While addressing the massive outcry over SOPA he stated that:
<br /><br />
&ldquo;It&rsquo;s a vocal minority. Because they&rsquo;re strident doesn&rsquo;t mean they&rsquo;re either legitimate or large in number. One, they need to read the language. Show me the language. There&rsquo;s nothing they can point to that does what they say it does do. I think their fears are unfounded.&rdquo;
<br /><br />
Above is a list of people that have pointed at the language, including law professors and computer experts.
<br /><br />
You have a civil war among video game companies, and the successful boycott of a company. How do you ignore that?
<br /><br />
It's an election year. This November. Whatever happens, Texas, please kick this guy out of office.
</i></blockquote>
If anything, I'd say that the graphic significantly underplays the opposition.  The <a href="http://cdt.org/report/list-organizations-and-individuals-opposing-sopa" target="_blank">massive list of those opposed to SOPA</a> is growing daily and has a lot more impressive folks than are just in that graphic (also, as far as I know, Microsoft has <i>not</i> publicly opposed SOPA -- though it was rumored to have done so quietly to get the BSA to back off).  Still, the graphic really is emblematic of the stance that Smith has taken on SOPA.  As long as he ignores the loud, widespread and growing opposition, perhaps he thinks it will just go away.<br /><br /><a href="http://www.techdirt.com/articles/20120109/02191817338/lamar-smiths-head-in-sand-approach-to-sopa-critics-inspires-lamar-smith-cant-hear-you-anti-campaign-poster.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120109/02191817338/lamar-smiths-head-in-sand-approach-to-sopa-critics-inspires-lamar-smith-cant-hear-you-anti-campaign-poster.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120109/02191817338/lamar-smiths-head-in-sand-approach-to-sopa-critics-inspires-lamar-smith-cant-hear-you-anti-campaign-poster.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>speak-up-please</slash:department>
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<pubDate>Thu, 29 Sep 2011 10:37:00 PDT</pubDate>
<title>University Police &#038; Administration Freak Out Over Nathan Fillion Firefly Poster; Censor, Threaten Professor</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110929/01225516129/university-police-administration-freak-out-over-nathan-fillion-firefly-poster-censor-threaten-professor.shtml</link>
<guid>http://www.techdirt.com/articles/20110929/01225516129/university-police-administration-freak-out-over-nathan-fillion-firefly-poster-censor-threaten-professor.shtml</guid>
<description><![CDATA[ Via <a href="https://twitter.com/#!/neilhimself/statuses/119185198851178496">Neil Gaiman</a>, we come across <a href="http://thefire.org/article/13623.html" target="_blank">yet another case of idiotic censorship by law enforcement</a> who appear to have little understanding of the law.  It involves a professor, James Miller, from the University of Wisconsin-Stout, who had the temerity to put up a <a href="http://thefire.org/article/13587.html" target="_blank">picture</a> of actor Nathan Fillion on his door, with the text of one of his lines from the show <i>Firefly</i>:
<center>
<img src="http://i.imgur.com/On4QO.jpg" width=300 />
</center>
If you can't read it, it says:
<blockquote><i>
"You don't know me, son, so let me explain this to you once: If I ever kill you, you'll be awake. You'll be facing me. And you'll be armed." 
</i></blockquote>
The clueless police at the University of Wisconsin-Stout not only failed to actually comprehend <a href="http://thefire.org/article/13624.html" target="_blank">what the quote means</a>, but also didn't consider the context or the fact that it's a line from a popular show.  Instead, they decided that it was against the law and removed it.  In an email to Miller, UWS Police Chief Lisa Walter told Miller that <a href="http://thefire.org/article/13592.html" target="_blank">"it is unacceptable to have postings such as this that refer to killing."</a>  Of course, it doesn't really refer to killing, and that's such a vague and ridiculous standard -- especially coming from law enforcement for a state school, whose decisions are absolutely controlled by the First Amendment.  Even worse, Chief Walter warned Miller that he could be facing "charges of disorderly conduct" for putting up any similar posters.
<br /><br />
While one could argue that Professor Miller replied somewhat rudely ("How dare you act in a fascistic manner and then sign your email "respectfully!" Respect liberty and respect my first amendment rights"), it's never a pleasant experience to be censored -- and also to be told to shut up in the future too.  Of course, UWS and Chief Walter then continued to make the problem <i>worse</i>.  Miller put up <a href="http://thefire.org/article/13588.html" target="_blank">a new poster</a>, more or less commenting on the original poster takedown. 
<center>
<img src="http://i.imgur.com/63Znw.jpg" />
</center>
Not particularly well done or clever, but clearly commenting on the original takedown.  In case you can't read it, it says:
<blockquote><i>
<b>Warning: Fascism.</b><br /><br />
Fascism can cause blunt head trauma and/or violent death. Keep fascism away from children and pets.
</i></blockquote>
Amazingly, the apparently reading comprehension-lacking and First Amendment-ignorant Chief Walter <a href="http://thefire.org/article/13593.html" target="_blank">pulled down that poster as well</a>:
<blockquote><i>
The posting depicts violence and mentions violence and death. The campuses threat assessment team met yesterday and conferred with UW System Office of General Counsel and made the decision that this posting should be removed. It is believed that this posting also has a reasonable expectation that it will cause a material and/or substantial disruption of school activities and/or be constituted as a threat.  
</i></blockquote>
The fact that they're now censoring speech commenting on the original takedown makes this even more egregious.  Believe it or not, it gets worse.  After all of this, Miller asked the group FIRE (the Foundation for Individual Rights in Education) to help him out. FIRE <a href="http://thefire.org/article/13590.html" target="_blank">sent a letter</a> to UWS's Vice Chancellor, Charles Sorensen, explaining the situation and laying out the relevant case law for why this is a First Amendment violation.  Here's a snippet:
<blockquote><i>
That the First Amendment's protections fully extend to public universities like UWS is settled law. See <em>Healy v. James</em>, 408 U.S. 169, 180 (1972) (citation omitted) ("[T]he precedents of this Court leave no room for the view that, because of the acknowledged need for order, First Amendment protections should apply with less force on college campuses than in the community at large. Quite to the contrary, &lsquo;the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools'"). 
<br /><br />
The First Amendment's guarantee of freedom of expression does not exist to protect only non-controversial speech; indeed, it exists precisely to protect speech that some members of a community may find controversial or offensive. The right to free speech includes the right to express things that are deeply offensive to many people, and the Supreme Court has explicitly held, in rulings spanning decades, that speech cannot be restricted simply because it offends others. In <em>Papish v. Board of Curators of the University of Missouri</em>, 410 U.S. 667, 670 (1973), the Court held that "the mere dissemination of ideas&mdash;no matter how offensive to good taste&mdash;on a state university campus may not be shut off in the name alone of 'conventions of decency.'" In <em>Terminiello v. Chicago</em>, 337 U.S. 1, 4 (1949), the Court held that "a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger." In <em>Texas v. Johnson</em>, 491 U.S. 397, 414 (1989), the Court explained the rationale behind these decisions, noting that "[i]f there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." Under these standards, there can be no question that Miller's postings are protected.    <p>UWS should take to heart the Supreme Court's words in <em>Sweezy v. New Hampshire</em>, 354 U. S. 234, 250 (1957): </p>    <blockquote><p>The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth. To impose any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation. ... Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.</p></blockquote>    <p>Furthermore, the investigation of protected speech, once it is determined to be protected, is a violation of the rights of the person being investigated. <em>Sweezy v. New  Hampshire</em>, 354 U.S. 234, 245, 248 (1957). UWS had no permissible reason to remove the postings and has no permissible reason to pursue criminal charges or even a disciplinary meeting with Miller. UWS must immediately end all investigation of Miller's protected speech.
</p></i></blockquote>
In response to this, the University did cancel its meeting with Miller about this "incident," but Sorenson and others in the school's administration <a href="http://thefire.org/article/13621.html" target="_blank">sent an email to all faculty and staff</a>, insisting that the school was in the right in removing the posters, claiming that "the posters in question constituted an implied threat of violence."  This despite all of the clear evidence that the posters made no such threat at all.    Once again, we're reminded that free speech isn't always so free, and must be watched after vigilantly.<br /><br /><a href="http://www.techdirt.com/articles/20110929/01225516129/university-police-administration-freak-out-over-nathan-fillion-firefly-poster-censor-threaten-professor.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110929/01225516129/university-police-administration-freak-out-over-nathan-fillion-firefly-poster-censor-threaten-professor.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110929/01225516129/university-police-administration-freak-out-over-nathan-fillion-firefly-poster-censor-threaten-professor.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>browncoats?</slash:department>
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<pubDate>Wed, 4 Feb 2009 18:01:35 PST</pubDate>
<title>AP Demands Money For Iconic Obama Poster Image</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090204/1747283650.shtml</link>
<guid>http://www.techdirt.com/articles/20090204/1747283650.shtml</guid>
<description><![CDATA[ Just last week, we wrote about the question of whether or not the iconic image used on Obama posters that was created by street artist Shepard Fairey <a href="http://www.techdirt.com/articles/20090125/1907073531.shtml">was copyright infringement</a>.  For a while, no one (including Fairey) could figure out what photo was the basis for the image.  But a photojournalist tracked it down, and discovered it was by a photojournalist named Mannie Garcia, who was doing work for the Associated Press at the time.  Garcia didn't mind at all, but as we noted in our post, the AP might take a different view on things, since it's so aggressive with copyright.  However, even we thought the AP wouldn't be so stupid as to actually demand payment for the use of the image... but we were wrong.
<br><br>
<center>
<img src="http://farm4.static.flickr.com/3077/3227648028_57e16cabd8.jpg" width="200" alt="barack-is-hope" />
<img src="http://farm4.static.flickr.com/3446/3227648374_1690648a17.jpg" width="200" alt="CLOONEY DARFUR" />
</center>

Yes, the Associated Press is now <a href="http://www.google.com/hostednews/ap/article/ALeqM5hcqhpLfgHpcIipb1rVGvAoa5BusAD9652OD01" target="_new">claiming that the use of its image is copyright infringement</a> and is demanding payment.  Of course, it's probably worth pointing out that, until a week and a half ago, the AP had <i>no idea</i> that the poster was made using one of its images.  If that's not a transformative (i.e., allowed) use of the image, it's difficult to say what is.  Given the posturing on both sides, it doesn't look like Fairey (who's smartly being represented by Stanford's Fair Use Project) is going to back down.  Hopefully, the Associated Press is finally taught what fair use means.  It could use the education.<br /><br /><a href="http://www.techdirt.com/articles/20090204/1747283650.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090204/1747283650.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090204/1747283650.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>asking-for-a-fight</slash:department>
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<pubDate>Mon, 26 Jan 2009 09:09:00 PST</pubDate>
<title>Copyright Infringement And Obama's Iconic Campaign Poster</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090125/1907073531.shtml</link>
<guid>http://www.techdirt.com/articles/20090125/1907073531.shtml</guid>
<description><![CDATA[ In one of my meetings last week in Washington DC, during a discussion on copyright, someone mentioned (in an offhand manner) that I should look into the copyright questions surrounding the rather iconic Barack Obama campaign poster that, by now, you've probably all seen:
<center>
<img src="http://farm4.static.flickr.com/3077/3227648028_57e16cabd8.jpg" width="200" alt="barack-is-hope" />
</center>
However, as many (though not all) people know, this poster was not created by the campaign, but a street artist named Shepard Fairey, who admitted that he just grabbed a photo of Obama from Google Images in order to create the photo, but had no idea who had actually taken the photo.  Thus, as was pointed out to me, technically, all of those posters were almost certainly violating someone's copyright.  It was an interesting question, but before I even had a chance to look into it, one of our readers, <a href="http://bfpower.wordpress.com">Mark Rosedale</a>, sent in a story about exactly this question.  Apparently, after some research, a photo journalist from Philadelphia named Tom Gralish had <a href="http://blogs.phillynews.com/inquirer/sceneonroad/2009/01/found_again_the_poster_source.html" target="_new">tracked down the original photograph</a> -- complete with a copyright credit to freelance photographer <a href="http://web.mac.com/manniegarcia/iWeb/mannie%20garcia/Welcome.html">Mannie Garcia</a>, who was apparently on assignment from the Associated Press in 2006 when he took the following photo:
<center>
<img src="http://farm4.static.flickr.com/3446/3227648374_1690648a17.jpg" width="200" alt="CLOONEY DARFUR" />
</center>
The good news, of course, is that, in a follow up, Garcia seems <a href="http://blogs.phillynews.com/inquirer/sceneonroad/2009/01/a_last_word_hopefully_and_upda_1.html" target="_new">perfectly happy that his photo was used</a>, and not at all upset: "I know artists like to look at things; they see things and they make stuff. It's a really cool piece of work."   In fact, he admits he did not even realize that his own photo was the inspiration, though, he says "it always seemed so familiar."  He does admit: "I wouldn't mind getting a signed litho or something from the artist to put up on my wall."
<br /><br />
Still, there may be some unresolved questions here.  Considering that the work was done for hire by the Associated Press, it's possible that the AP might actually own the copyright on the photo -- and we've already seen that the AP has, at times, had a somewhat <a href="http://www.techdirt.com/articles/20080617/0740561432.shtml">twisted view</a> of copyright, especially when it comes to fair use.  And, of course, with the Obama administration filling the Justice Department with <a href="http://www.techdirt.com/articles/20090123/1058443508.shtml">big copyright supporters</a>, perhaps the DoJ should begin investigating such infringement...<br /><br /><a href="http://www.techdirt.com/articles/20090125/1907073531.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090125/1907073531.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090125/1907073531.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>life-in-an-age-of-copyright</slash:department>
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