Zimmerman versus the Associated Press

[quincy]

Or, perhaps better, the Associated Press v Zimmerman.

George Zimmerman (he of dubious shooting-a-teen fame) paints pictures and sells them. One of his paintings recently sold for $100,000. Now one of his paintings has attracted the attention of the Associated Press and their attorneys.

It is pretty clear in a side-by-side comparison that, to create the painting in question, Zimmerman directly copied a 2012 AP news photo taken by freelancer Rick Wilson.

Anyone who follows copyright infringement suits may remember a similar infringement suit between the AP and artist Shepard Fairey. Fairey used an AP photo of Barack Obama to create his "HOPE" painting (and posters), and Fairey and the AP wound up in court. The Shepard suit was finally settled in 2011, with Shepard agreeing to pay the AP $1.6 million. For information on the Shepard case (the case is an interesting one and Shepard has an interesting history), you can Google "Shepard Fairey" (my link did not work).

The AP has now asked that the sale of the Zimmerman painting be blocked and the AP has asked for damages. Zimmerman is threatening to countersue.

Shepard Fairey had an excellent defense team for his suit against the AP (at least at first). It will be interesting to see, after Shepard, if any lawyers jump at the chance to represent Zimmerman.

 

[coolmaltese]

Or, perhaps better, the Associated Press v Zimmerman.

George Zimmerman (he of dubious shooting-a-teen fame) paints pictures and sells them. One of his paintings recently sold for $100,000. Now one of his paintings has attracted the attention of the Associated Press and their attorneys.

It is pretty clear in a side-by-side comparison that, to create the painting in question, Zimmerman directly copied a 2012 AP news photo taken by freelancer Rick Wilson.

Anyone who follows copyright infringement suits may remember a similar infringement suit between the AP and artist Shepard Fairey. Fairey used an AP photo of Barack Obama to create his "HOPE" painting (and posters), and Fairey and the AP wound up in court. The Shepard suit was finally settled in 2011, with Shepard agreeing to pay the AP $1.6 million. For information on the Shepard case (the case is an interesting one and Shepard has an interesting history), you can Google "Shepard Fairey" (my link did not work).

The AP has now asked that the sale of the Zimmerman painting be blocked and the AP has asked for damages. Zimmerman is threatening to countersue.

Shepard Fairey had an excellent defense team for his suit against the AP (at least at first). It will be interesting to see, after Shepard, if any lawyers jump at the chance to represent Zimmerman.

That has been in our local news here in Jacksonville FL. The painting was of Angela Corey, the Jacksonville-based prosecutor. When the story first broke here, the Obama Hope poster came to mind. Looks like AP has a case as they are very similar. Settlement or court? Zimmerman seems determined to take it to court but maybe he is just playing hardball at this stage of the game.

The more important question is how in the world is he getting $100k for his paintings?

 

[quincy]

... The more important question is how in the world is he getting $100k for his paintings?

Haha. That was my first thought.

 

[TigerD]

I wouldn't pay that much for a Zimmerman.

However, I am still looking for a reasonably priced original Saderup Three Stooges lithograph.

Anybody?

DC

 

[Just Blue]

Or, perhaps better, the Associated Press v Zimmerman.

George Zimmerman (he of dubious shooting-a-teen fame) paints pictures and sells them. One of his paintings recently sold for $100,000. Now one of his paintings has attracted the attention of the Associated Press and their attorneys.

It is pretty clear in a side-by-side comparison that, to create the painting in question, Zimmerman directly copied a 2012 AP news photo taken by freelancer Rick Wilson.

Anyone who follows copyright infringement suits may remember a similar infringement suit between the AP and artist Shepard Fairey. Fairey used an AP photo of Barack Obama to create his "HOPE" painting (and posters), and Fairey and the AP wound up in court. The Shepard suit was finally settled in 2011, with Shepard agreeing to pay the AP $1.6 million. For information on the Shepard case (the case is an interesting one and Shepard has an interesting history), you can Google "Shepard Fairey" (my link did not work).

The AP has now asked that the sale of the Zimmerman painting be blocked and the AP has asked for damages. Zimmerman is threatening to countersue.

Shepard Fairey had an excellent defense team for his suit against the AP (at least at first). It will be interesting to see, after Shepard, if any lawyers jump at the chance to represent Zimmerman.

Zimmerman it a flippin' nut. He seemingly goes out of his way to cause distruction in his life.

 

[quincy]

... I am still looking for a reasonably priced original Saderup Three Stooges lithograph. ...

DC

I thought I saw a Gary Saderup lithograph for sale on eBay.

The mention of Saderup is interesting because I can see publicity rights becoming an issue in any Zimmerman painting suit that arises from the Associated Press' claims of infringement. As coolmaltese noted, the Zimmerman painting is a "portrait" of Angela Corey (based on an AP photo taken by Mannie Garcia), and Corey could potentially have a claim against Zimmerman for using her image for commercial purposes without her permission.

Information on the Gary Saderup suit, filed against him by Comedy III Productions (owner of rights in Three Stooges material, including their images), can be accessed at http://www.cornell.edu/copyright/cases/25_Cal4th_387.htm. The suit itself is Comedy III Productions (Three Stooges) v Gary Saderup, Inc, 25 Cal 4th 387 (April 30, 2001). The Court held that Saderup's works were not "transformative" and, therefore, an infringement.

The Shepard Fairey case had what seemed to be a good defense of "fair use" based on the HOPE painting being a political statement. It would have been interesting to see how the defense fared in court. But, Fairey was found to have destroyed evidence and lied to the court, his attorneys withdrew from the case, and Fairey was charged with criminal contempt, sentenced to a two-year probation, and 300 hours of community service, and a fine. These criminal charges were in addition to the civil infringement settlement amount, where Fairey agreed to pay the Associated Press damages in excess of $1 million. The suit: Shepard Fairey; Obey Giant Art, Inc. v The Associated Press, No. 09-cv-1123 S.D.N.Y.


I agree that Zimmerman is a bit of a "nut" and, for that reason, I can see him trying to fight the Associated Press and/or Corey - even when the odds appear to be stacked against him winning any suit (be it copyright infringement or publicity rights or both). The history of these types of suits are not going to work in his favor.

 

[TigerD]

There are lot of Saderup's on Ebay - but I haven't yet found an original Three Stooges. Perhaps those people who have them are afraid to sell them.

One day.

Zimmerman is the gift that keeps on giving for law students. By the time I am doddering and old, he will have cases referenced throughout the spectrum.

DC

 

[quincy]

... Zimmerman is the gift that keeps on giving for law students. By the time I am doddering and old, he will have cases referenced throughout the spectrum.

DC

Ha. I think that will be the case.

Zimmerman is certainly staying in the news with his various escapades. And I am not sure that the "not guilty" verdict benefited him in any way.