17y/o Killed By Neighborhood Watch/CHL

[suthdj]

Isn't it time for this thread to die already?

Its standing its ground.

[philip964]

http://www.theguardian.com/world/2014/j ... P=SOCxx2I2" onclick="window.open(this.href);return false;

Here is a link to the "art" in question. It is a painting of the prosecutor in his case. Apparently it is close enough to the original photograph that the AP recognized it was their photo.

See the previous link to see their original photo.

In the old days changing flesh tones to red and yellow made it a new work and copyright was not an issue, but apparently not any more.

[MasterOfNone]

My issue with the copyright claim is that the photo appears to have been taken at a public event at which anyone could have taken a picture at that moment. Who's to say he copied AP's photo. Who's to say he didn't paint it from memory?
I think about court sketch artists. If ones sketches a witness testifying and a photographer takes a photo from the same location, did one of them copy the other's work?

[philip964]

I guess I have always taken the attitude that if you use photographic or scanning or computer methods to create a work of art from another work of art you have violated the copyright of the original work.

If you have used a work of art as reference to to create another work of art even though they are very similar you have not. (except for example things like Mickey Mouse) The differences between the reference and a new painting or drawing create enough differences to me the second is a new work as no one is usually accurate enough to truly copy something by hand.

Here the photograph and the artwork are completely different in appearance, however the painting appears to have been created with the help of a computer as it is too close a copy in form to have just been used as a reference.

Especially from a novice like Zimmerman.

[WildBill]

It appears to me from a quick glance of the posted images that the original photo was scanned and altered using software, so it is not "original". However, Zimmerman's art might be covered under fair use. I believe that it is satirical and critical of the original photo. Also, I do not think that AP will lose any revenue due to Zimmerman copying the photograph. IANAL

Fair use is a statutory exemption to the rights granted by copyright law. It is a defense to activity that would otherwise be considered infringement. The doctrine permits the use of copyrighted works for many purposes, including scholarship, journalism, criticism, commentary, or parody (if the parody specifically criticizes or comments on the copyrighted work itself and not just on society in general). The inquiry of whether a particular use is "fair" is determined largely by the particular facts of each case. Judges, therefore, are instructed to consider the following non-exhaustive set of factors in determining whether "fair use" applies:
◦The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
◦ The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
◦The effect of the use upon the potential market for or value of the copyrighted work.
•The first sale doctrine is another limitation on the exclusive rights granted by copyright. The doctrine allows lawful owners of copies of a work to share, resell, give away, or otherwise distribute them.

[philip964]

It appears to me from a quick glance of the posted images that the original photo was scanned and altered using software, so it is not "original". However, Zimmerman's art might be covered under fair use. I believe that it is satirical and critical of the original photo. Also, I do not think that AP will lose any revenue due to Zimmerman copying the photograph. IANAL

Fair use is a statutory exemption to the rights granted by copyright law. It is a defense to activity that would otherwise be considered infringement. The doctrine permits the use of copyrighted works for many purposes, including scholarship, journalism, criticism, commentary, or parody (if the parody specifically criticizes or comments on the copyrighted work itself and not just on society in general). The inquiry of whether a particular use is "fair" is determined largely by the particular facts of each case. Judges, therefore, are instructed to consider the following non-exhaustive set of factors in determining whether "fair use" applies:
◦The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
◦ The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
◦The effect of the use upon the potential market for or value of the copyrighted work.
•The first sale doctrine is another limitation on the exclusive rights granted by copyright. The doctrine allows lawful owners of copies of a work to share, resell, give away, or otherwise distribute them.

The photo is now much more valuable from Zimmerman's use. As was the photo of Obama more valuable after its use. However, the courts didn't see it that way. In some ways a great shame, as I think Obama's "hope" Image was brilliant. And a great example of graphic design.. To me it was fair use. A shame the artist ended up being hammered the way he was. In the copyright trial, he destroyed and manufactured evidence and was later found guilty in a criminal trial.

He was probably too young to remember Nixon.

[WildBill]

The photo is now much more valuable from Zimmerman's use.

Then maybe the AP should pay a royalty to Zimmerman.

[philip964]

http://www.chron.com/news/crime/article ... cmpid=hpts" onclick="window.open(this.href);return false;

Echoes of Zimmerman per this article. Probably the newsmedia just drumming up ratings for a story.

17 year old's playing music too loud at a convenience store parking lot annoyed a CHL who had just pulled up in the next space, and an argument started. The CHL gets a 9mm from the glove box and fires into other car. Killing one person inside. There was no physical confrontation between the parties. The CHL said he saw a gun pointed at him inside the car and feared for his life. No other gun was ever found. Lawyer says it could have been a stick that they pretended that it was a gun. After shooting, the CHL did not call 911 and left the scene and drove 2 hours away, he was found from a police investigation and was arrested.

Yeah seems exactly like Zimmerman/ Martin.

Oh and our Zimmerman in this story is actually Caucasian.

[sjfcontrol]

http://www.chron.com/news/crime/article ... cmpid=hpts

Echoes of Zimmerman per this article. Probably the newsmedia just drumming up ratings for a story.

17 year old's playing music too loud at a convenience store parking lot annoyed a CHL who had just pulled up in the next space, and an argument started. The CHL gets a 9mm from the glove box and fires into other car. Killing one person inside. There was no physical confrontation between the parties. The CHL said he saw a gun pointed at him inside the car and feared for his life. No other gun was ever found. Lawyer says it could have been a stick that they pretended that it was a gun. After shooting, the CHL did not call 911 and left the scene and drove 2 hours away, he was found from a police investigation and was arrested.

Yeah seems exactly like Zimmerman/ Martin.

Oh and our Zimmerman in this story is actually Caucasian.

What to you expect from somebody named "Tamara Lush"? (Must have been tough for her in high school.)

Legal Insurrection has been following the case. Here's the most recent article there… http://legalinsurrection.com/2014/02/lo ... ll-healey/" onclick="window.open(this.href);return false; Looks like there may be similarities to the Zimmerman trial in regards to the judge.

[sjfcontrol]

Ohhh, now THIS is just WRONG!!

http://www.tmz.com/2014/01/30/george-zi ... ing-match/" onclick="window.open(this.href);return false;

It’s official … X gonna give it to George Zimmerman – TMZ has learned, rapper DMX has just been named Zimmerman’s opponent in his upcoming celebrity boxing match.
Celebrity boxing promoter Damon Feldman tells us, DMX was selected out of 15,000 applicants … all of whom wanted a piece of Zimmerman in the ring after he issued the open challenge to fight anyone willing to take him.

[mamabearCali]

Ohhh..... He must really have self-destructive streak.

Does the man have no friends or family willing to tell him to shut it, keep a low profile, go off the to woods and write a book?

[sjfcontrol]

Well, somebody came to their senses -- It's been called off.

http://legalinsurrection.com/2014/02/ge ... -canceled/" onclick="window.open(this.href);return false;

[03Lightningrocks]

Is this thread still going??

[03Lightningrocks]

Since it is, I will throw in my 2 penny's. Can anyone imagine the backlash had Zimmerman beat that rappers butt?

[03Lightningrocks]

Message to Zimmerman. GET OFF THE RADAR ALREADY!

I would not be surprised to hear they find him dead somewhere. The more stink he makes, the more he increases the chances of some gang banger thug gunning him down for fame and fortune.