http://www.tuscaloosanews.com/artic...bama-to-pay-artist-Daniel-Moore-s-court-costs
Appears that Mr Gaston should have left this one alone.
Appears that Mr Gaston should have left this one alone.
Federal judge orders University of Alabama to pay artist Daniel Moore's court costs
- Thread starter Clubfitter
- Start date
Right is Right.
UA lost. It's a case we shouldn't have filed.
Time to pay up and move on. This case was continued way too long.
RTR.
UA lost. It's a case we shouldn't have filed.
Time to pay up and move on. This case was continued way too long.
RTR.
It is what it is. Hopefully UA will live and let live on this one. I have no problem with someone painting what he saw on TV.
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Just wish an amicable solution could have been worked out in the beginning. Both sides lost time and money. Agree OMD time to move on.
I'm in the advertising business so I can see both sides of this argument. While Moore is indeed painting what he saw
on television he's still capitalizing on the images involving U of A players, and even players from opposing teams.
At any rate, I'm glad it's done and hopefully they'll have a more iron clad agreement should they do business in the future.
sip
on television he's still capitalizing on the images involving U of A players, and even players from opposing teams.
At any rate, I'm glad it's done and hopefully they'll have a more iron clad agreement should they do business in the future.
sip
It's interesting to see how this contrasts to the whole payer should be paid debate. He's profiting off the players, but he's not paying back any of the involved parties, or offering any form of compensation. I'm not arguing he shouldn't have the right, or that Alabama should have gone after him (remember when a picture was taken off this forum by some overzealous individual at Alabama?), but it's not really a black and white issue.
The court costs are minimal. It'll be interesting to see what happens with the attorney fees. Attorneys can rack a lot of billing up over 8 years.
They should...why should he eat the cost of attorney fees? I would counter sue if they pulled me into court like this and I won.
Well....he's profiting off of his interpretation of the players. I don't think a creator owes his inspirer compensation. A photograph of a person that CNN buys for a story doesn't garner the person photographed any money. The girl who broke my heart doesn't deserve $ from my #1 country song.
You have to consider this though. If those football players painted were wearing all black with no identifying logo and the same painting were created, there would be no interest, and therefore no money for Moore to make. What makes the paintings so valuable is the fact that it IS Bama players being painted wearing the crimson and white. So, in reality, Moore is capitalizing off of Bama football rather than his own creative juices or unique creation.
If you look on any of his paintings, there are no names on the jerseys. If did that he would be crossing the line. It's been established over and over again no one has a protected interest in their likeness in a public event, color scheme, or a number.
The problem with this lawsuit from the beginning is this where trademark law and constitutional law often conflict. Trademark law imposes a duty on to protect and defend your likeness if you maintain your exclusive right to that likeness.
It was a losing proposition from the get go.
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The problem with this lawsuit from the beginning is this where trademark law and constitutional law often conflict. Trademark law imposes a duty on to protect and defend your likeness if you maintain your exclusive right to that likeness.
It was a losing proposition from the get go.
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News and journalism are completely different animals than creative expression.
A friend of mine was the subject of one of his paintings. He once said to me, "Man, Daniel Moore has made a lot of money off of me".
Have you watched the "news" lately? There is some pretty "creative" journalism at play.
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