by Mike Masnick
Thu, Aug 20th 2009 8:58am
A bunch of folks have been sending in this story about Flickr supposedly taking down the "Obama Joker" Time Magazine cover that's been in the news lately, but I have to admit that I'm confused about the reasoning behind the takedown. There are questions of whether it's just "censorship," but I'm trying to figure out what's the actual copyright claim. The suggestion is that the concern is from Time Magazine, which doesn't like its brand associated with the falsified cover -- but wouldn't that be a trademark issue, rather than a copyright one? If there's any copyright issue at all, it would potentially (and then, weakly) be from whoever owns the rights to the original photo that was changed. But seeing as there's still an ongoing battle in the Shepard Fairey case to determine if that sort of thing is fair use and I haven't seen anyone identify the original Obama photo that was used here, it's not even clear who would be crying copyright infringement. So... where exactly is the copyright infringement here?
If you liked this post, you may also be interested in...
- Wikimedia Takes Down Diary Of Anne Frank, Uses It To Highlight Idiocy Of DMCA Rules, Copyright Terms
- Dish Agrees To Cripple Its Ad-Skipping DVR To Settle Fox Lawsuit
- Law Students Line Up Behind 'Baby Blue' -- Will Harvard Law Review Sue?
- Patent Troll Sues Everyone For Infringing On Encryption-Related Patent By Encrypting Their Websites
- Clinging To Relevance, Yahoo Prevents Ad Block Users From Checking Yahoo Mail