Comments on: West Virginia Man Sues For Photoshopping his Mugshot

By: Rick Cain

Rick Cain — Fri, 04 Dec 2009 07:49:49 +0000

Every time I see his picture I laugh. Here’s to you Tribett.

By: Dallas

Dallas — Tue, 01 Dec 2009 21:54:26 +0000

Gosh, even Republican Tom Delay doesn’t wear that much glitter to a dance contest.

By: ECA

ECA — Tue, 01 Dec 2009 19:23:31 +0000

22,
NO ONE has the right to profit OFF of your likeness..
the Key word is PROFIT.
You can not profit off of a Public display.
Thats how an advertiser can use Background people, FREE. its not for PROFIT, is the thinking.
If something has been released to the Public domain, it can be published, BUT not for profit.
You cant REPRODUCE something from a news paper, on a SHIRT, for PROFIT. ask the AP.

read #21. he is right, and so am I.

By: Gore-acle

Gore-acle — Tue, 01 Dec 2009 17:22:09 +0000

progressive who has run out of weed money

By: The Monster's Lawyer

The Monster's Lawyer — Tue, 01 Dec 2009 13:52:11 +0000

#10 eCa – dOeS NoT fAlL iNtO aNy Of ThEsE.

By: Ralph, the Bus Driver

Ralph, the Bus Driver — Tue, 01 Dec 2009 10:58:37 +0000

#15,

Copyright law applies to the owner of the work. If you create something, you own it. Since you created your own identifiable features, you own your own likeness.

If I am in public you may photograph me, but you may not profit off of that photograph. The exception is when the photograph is used for a news story. Thus, celebrities have less control over their likeness than ordinary people.

In this case the police may release the “mug shot”. News outlets may reprint that picture, without permission, whenever they run an article about this man or a similar subject that he was arrested for. This is part of fair use.

Those seeking commercial gain, such as printing his face on T-shirts, need his permission as that is profiting from his likeness. This would be a copyright violation.

While satire can be a profitable fair use, this is not satire. Satire may not use the same image, it must create its own image.

By: chris

chris — Tue, 01 Dec 2009 06:14:51 +0000

He looks like Titus Pullo from HBO’s “Rome”!

If he had aimed a bit higher he could have been been in the remake of “Golden Eye.”

By: deowll

deowll — Tue, 01 Dec 2009 05:44:56 +0000

This guy is still alive and his brain works? I’m shocked!

By: teh huffington poster

teh huffington poster — Tue, 01 Dec 2009 05:43:43 +0000

Pat be nimble , Pat be quick , Pat sucked off the candlestick.

By: Professor Johnnycakes

Professor Johnnycakes — Tue, 01 Dec 2009 04:50:39 +0000

I’ve been to Bellaire Ohio… looks like there’s something to do there after all.

By: KMFIX

KMFIX — Tue, 01 Dec 2009 03:40:38 +0000

I wonder how much paint he’ll buy if he wins?

By: Matto

Matto — Tue, 01 Dec 2009 02:57:38 +0000

Copyright laws apply to the photographer, not the subject of the photograph. Satire is satire, it doesn’t make any difference if you make money from it.

By: Krylon Paint

Krylon Paint — Tue, 01 Dec 2009 02:16:09 +0000

The West Virginia lawyer:

http://tinyurl.com/y88vyet

By: clancys_daddy

clancys_daddy — Tue, 01 Dec 2009 01:58:09 +0000

I think he was arrested for public intoxication. In some instances using a product for something other than its intended use is illegal. So sniffing the paint to get high would be illegal, while getting high on the fumes while painting would not. When dealing with the law don’t ask for common sense, trust me as my second career I work for a state regulatory agency. Never inject intelligence into a situation where a bureaucrat is involved. Its like pounding your head into a wall (not its intended use by the way) of course on the other hand I am starting to enjoy the squishy feeling.

“may have been on the losing side still not convinced it was the wrong side”

By: stopher2475

stopher2475 — Tue, 01 Dec 2009 00:12:35 +0000

Not that I care to try it but I didn’t know paint was a controlled substance.