Comments on: Careful With Those Avatars, You May Get A Shakedown Letter

By: 村上隆的”藝術品”，如果要買請留意 … | ArtReview - 香港藝術評論

村上隆的”藝術品”，如果要買請留意 … | ArtReview - 香港藝術評論 — Tue, 23 Dec 2008 03:10:14 +0000

[...] 藝術品的投資新手都喜歡買些超級出名，或最近在拍賣會上炙手可熱的藝術家作品。如果你想買村上隆 (Takashi Murakami) 的作品的話可要小心了，你在兩大拍賣行見到的成交價是很高沒錯，但他的出產由板畫，手袋，玻璃 … 到幾百元的塑膠公仔都有。可不要以為自己執到平貨就亂買，要多做些功課呢！（村上先生似乎很保護他的版權，上圖我也只好 “blur” 了一下，不便之處，敬請原諒） [...]

By: Walt Disney Co. (DIS) Doesn’t enforce Copyrights / Trademarks with Coloring Book Sites? « Rob Pelinka

Sun, 09 Nov 2008 22:53:18 +0000

[...] Book Sites? Recently I read a posting on Tech Cruch about Murakami going after forums for using copywritten material without a license. Isn’ it ironic how the company that was lobbying for the Mickey Mouse Protection Act to [...]

By: whiskey

whiskey — Thu, 06 Nov 2008 19:09:59 +0000

But i dare to ask, isn’t this fair use?

The image is offered in such a way that it doesn’t translate into earnings to the image poster, in such a size that doesn’t mean it can be used commercially (like to print shirts or coffee mugs), it’s not offered in a way that impairs sales of the original image, it’s not offered as an alternative to the original.

In fact, if i was the artist, i would take the time to create avatars from my drawings and add a small “go to my website”… and politely ask people to change their ugly versions for some made for that specific purpose.

Maybe I’m wrong though. I have seen other sites that allow users to post any image as an avatar until they get a DMCA takedown notice. Then they will ask you to please remove the offending image and substitute it with any other one.

Nowadays, though, many artists are more than happy to promote their work using avatars.

By: Josh

Josh — Thu, 06 Nov 2008 16:50:42 +0000

If there was a “thumbs up” option on TC, I would give it to your comment. It’s nice to see someone use their actual knowledge to add to a post.

By: Geeknews » Don’t Use Copyrighted Images as Avatars

Geeknews » Don’t Use Copyrighted Images as Avatars — Thu, 06 Nov 2008 08:02:49 +0000

[...] Careful With Those Avatars, You May Get A Shakedown Letter. [...]

By: blah

blah — Thu, 06 Nov 2008 05:59:00 +0000

You guys should understand this is a gambling forum, often in copyright agreements you aren’t allowed to have a certain something(artwork in this case) on any gambling entity whether it be physical or virtual, that also includes websites that advocate gambling.

he should take the avatar off as they asked nicely

By: cldx3000

cldx3000 — Thu, 06 Nov 2008 01:47:45 +0000

I second this…so much fuzz over an avatar, totally ridiculous…

By: Jethro

Jethro — Thu, 06 Nov 2008 00:51:55 +0000

This is still entertaining.

Everything ties together in this web2.0 ‘user driven content/internet centric’ world we live in today and the fascinating thing to me is how these types of infringement cases and other various legal precedents and patterns are occurring throughout the world.

Either way I liked the post

By: tinypic

tinypic — Thu, 06 Nov 2008 00:51:26 +0000

I went ahead and created a replacement avatar for this fine gentleman, should he find himself in sudden need.

http://i36.tiny...com/2vs2j2g.gif

Of course, there’s a chance this avatar violates the ToS of the fine poker site, but that’s a wager mephisto might want to bid on.

By: PassinThru

PassinThru — Wed, 05 Nov 2008 22:37:34 +0000

Or…as is likely in this case, he won’t get paid at all. The user will probably just choose another image as an avatar. The artist no longer gets the exposure, and he gets no money either.

Sounds like a win to me.

By: Lawk Salih

Lawk Salih — Wed, 05 Nov 2008 22:24:27 +0000

Ridiculous!

By: Brian Rowe

Brian Rowe — Wed, 05 Nov 2008 21:22:02 +0000

Quick Fair Use thoughts based on the four factor test from section 107 of the copyright act:

1. Type of use = This is noncommercial use, although not highly transformative. This factor is likely a wash
2. Type of work – Murakami’s work is highly creative and at the heart of copyright protections. This factor would weigh for the artist, this is the weakest factor.
3. How much of the work was taken (both qualitatively and quantitatively)? Very little was used, but it might be the heart of the work if it is a very important character that represents the artist work generally. This factor is likely in favor of the person copying given how little was used.

4. Effect on Market – The use an an icon will have no negative effect on the market value for the artist works and may even have a positive effect by creating more interest in the work. Additionally I am not aware of a market for forum icons, without a market for the icon to be sold in this factor will weigh in favor of the copying as there is no harm.

Outcome 2v1 in favor of a fair use finding

PS: this is a quick and dirty fair use analysis from a 3rd year law student and free culture activist do not use it as legal advise. It is here to show that there is at least an argument to be made for fair use.

By: Klaus Gena

Klaus Gena — Wed, 05 Nov 2008 20:35:24 +0000

If the picture in the avatar is a work of this japanese artist, than it is a clear rip-off of a Russian cartoon character, named Cheburashka.
I guess Murakami should pay his yens to the Russian artist who created it in the first place.

By: Josh

Josh — Wed, 05 Nov 2008 18:34:11 +0000

Funny thing, I’ve never seen an artist quote their work on a “per pixel” pricing scheme.

By: Beware of copyrighted Avatars! | Startup Meme - Technology Startup and Latest Tech News

Wed, 05 Nov 2008 18:15:19 +0000

[...] [via TechCrunch] [...]

By: Užrašai iš skaitmeninio fronto #7 : nežinau.lt

Užrašai iš skaitmeninio fronto #7 : nežinau.lt — Wed, 05 Nov 2008 17:40:20 +0000

[...] Šiomis dienomis narsuoliams anoje apkasų pusėje pavyko atrasti dar vieną smagų pasipelnymo šaltinį: jei savo keliasdešimties kvadratinių pikselių avatarui komentaruose ar forumuose pasiskolinsite žinomo animacinio filmuko personažo atvaizdą, tai laukite 500 dolerių sąskaitos. [...]

By: seriously?

seriously? — Wed, 05 Nov 2008 16:29:24 +0000

This is rubbish…heaven forbid anyone put your brand out there…fn idiots

By: c.b.leslie

c.b.leslie — Wed, 05 Nov 2008 16:28:43 +0000

All I can say is this, as a designer myself, “Murakami, can go eat a dick.”
He should be thankful that someone appreciates his art.

By: kibbw!

kibbw! — Wed, 05 Nov 2008 15:46:41 +0000

So that makes Murakami art worth HOW MUCH a pixel? Good grief! How much do the normal pieces go for? Judging by this I’d say a LOT.

By: splish.splash

splish.splash — Wed, 05 Nov 2008 12:35:10 +0000

BY THE WAY: I saw the MURAKAMI exhibition in MMK in Frankfurt/Main the other days. (http://mmk-fran...exhibition.html)
I really love it!! Has anyone else been there as well?

By: Probably Sucks Experiment #1 | Probably Sucks

Probably Sucks Experiment #1 | Probably Sucks — Wed, 05 Nov 2008 11:55:21 +0000

[...] After browsing Techcrunch, I came across a story about a user who had an image as his avatar and he was contacted and threatened with possible legal action, blah. blah. blah. The post is here if you’re interested in reading about it: http://www.tech...akedown-letter/ [...]

By: Dwayne from Probably Sucks Blog

Dwayne from Probably Sucks Blog — Wed, 05 Nov 2008 11:46:28 +0000

I’ve got a great idea. I’m going to take one of this guys images, use it in a blog post and heavily market the blog post on Digg, StumbleUpon, Everywhere! and then email him as someone else and report it as copyright infringement, thus baiting him and then my fun will begin. I will get into an argument and pretend that the image is mine and they stole it, oh yes, I can see the fun coming now.

Stay tuned folks

Dwayne.
http://probablysucks.com

By: Michael Arrington

Michael Arrington — Wed, 05 Nov 2008 10:07:21 +0000

“per se infringment”

that sounds very legal. where’d you get your degree?

By: babiboi

babiboi — Wed, 05 Nov 2008 09:55:52 +0000

is it really serious? how did they find out?

By: Decyfer

Decyfer — Wed, 05 Nov 2008 08:39:28 +0000

That’s what I was thinking. They handled it excellently and if I was in that position I’d just change the avatar