Comments on: William Day, The “No Humor Man” http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/ Blog-Fu for Prince William, Manassas and Manassas Park politics. Mon, 13 Feb 2012 17:58:14 +0000 http://wordpress.org/?v=2.2.3 By: Greg Bouchillon http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15736 Greg Bouchillon Thu, 12 Jul 2007 19:49:38 +0000 http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15736 The photographers argument, while valid, isn't very strong, I believe. The site is not for commercial use, does not generate revenue, and the photos do not appear to be by professional photographers (in fact, the one of Judy Feder is mine). Second, its used on a parody site, so that plays into fair use. I don't believe it's as blunt a distinction as Greg makes it out to be, but if he's hosting this on his server, a DCMA request has to be made to him, and if rejected by him, then a suit has to be filed. Funny part of that, you can go to all the expense of filing suit and he just has to take down the photo because frankly no one is going to be able to claim damages from this site. Now, if Greg happened to use a photo I took at night of San Francisco that I have framed and I also sell commercially at many stock photo companies, then yeah, I'd be sending him letters and requesting damages. This is much ado. Take it from the guy who got into a nasty row last year with Greg over some photos (like the one on voteday.org). No photographer is going to care, and if Day chooses to pull a Chapman, he's a moron. The photographers argument, while valid, isn’t very strong, I believe. The site is not for commercial use, does not generate revenue, and the photos do not appear to be by professional photographers (in fact, the one of Judy Feder is mine). Second, its used on a parody site, so that plays into fair use.

I don’t believe it’s as blunt a distinction as Greg makes it out to be, but if he’s hosting this on his server, a DCMA request has to be made to him, and if rejected by him, then a suit has to be filed. Funny part of that, you can go to all the expense of filing suit and he just has to take down the photo because frankly no one is going to be able to claim damages from this site.

Now, if Greg happened to use a photo I took at night of San Francisco that I have framed and I also sell commercially at many stock photo companies, then yeah, I’d be sending him letters and requesting damages.

This is much ado. Take it from the guy who got into a nasty row last year with Greg over some photos (like the one on voteday.org). No photographer is going to care, and if Day chooses to pull a Chapman, he’s a moron.

]]> By: Lyle http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15722 Lyle Thu, 12 Jul 2007 16:26:43 +0000 http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15722 I would NOT add a disclaimer unless you make sure it is as comical as the rest of the content. A real disclaimer would be like saying that the site IS political speech advocating for or against a political candidate. The funny thing is that someone in the "Day Camp" thinks they need to "set the record straight" by pointing out that the parody is an innaccurate portrayal of their candidate. Could it be that Bill Day has a name ID problem?!? I would NOT add a disclaimer unless you make sure it is as comical as the rest of the content. A real disclaimer would be like saying that the site IS political speech advocating for or against a political candidate.

The funny thing is that someone in the “Day Camp” thinks they need to “set the record straight” by pointing out that the parody is an innaccurate portrayal of their candidate. Could it be that Bill Day has a name ID problem?!?

]]> By: John Light http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15708 John Light Thu, 12 Jul 2007 14:18:38 +0000 http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15708 Greg, maybe you need to get in contact with people at "The Onion" as well as "National Lampoon" to see how they handle the, more than likely, numerous law suit attempts. Personally, since it IS a parody site, no need (in my humble opinion) to put a "paid for" at the bottom of the page. Time and time again people have KNOWINGLY put up blatant lies on their pathetic websites about a certain candidate. Heck, when I was working on my Masters in Computer Information Systems (during the Clinton Administration) one of my instructors told us about a site whitehouse.org that was actually a porn site. But with Clinton in office at the time, you really could not tell the difference - lol. Anonymous is right about photographers, they are a finicky bunch. But while copyright attorneys "sue idiots", you won't have to worry about THAT since you definitely are not one. Greg, maybe you need to get in contact with people at “The Onion” as well as “National Lampoon” to see how they handle the, more than likely, numerous law suit attempts. Personally, since it IS a parody site, no need (in my humble opinion) to put a “paid for” at the bottom of the page.

Time and time again people have KNOWINGLY put up blatant lies on their pathetic websites about a certain candidate. Heck, when I was working on my Masters in Computer Information Systems (during the Clinton Administration) one of my instructors told us about a site whitehouse.org that was actually a porn site. But with Clinton in office at the time, you really could not tell the difference - lol.

Anonymous is right about photographers, they are a finicky bunch. But while copyright attorneys “sue idiots”, you won’t have to worry about THAT since you definitely are not one.

]]> By: Anonymous http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15704 Anonymous Thu, 12 Jul 2007 14:00:56 +0000 http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15704 "It’s a humor site. This is political parody, broadly protected under the First Amendment and codified in federal law. The SBE has no jurisdiction here." It may or not be protected as parody, the lines have been significantly blurred in recent years. What is without doubt is that unless the unattributed photographs are yours or you have permission to post them, you are in violation of the DMCA. BTW, photographers are generally the most likely group of "artists" to seek redress under Title 17 and now they know who you are and where to file their claims. Copyright attorneys generally enjoy suing idiots, not only is it so much fun, its profitable as well. “It’s a humor site. This is political parody, broadly protected under the First Amendment and codified in federal law. The SBE has no jurisdiction here.”

It may or not be protected as parody, the lines have been significantly blurred in recent years. What is without doubt is that unless the unattributed photographs are yours or you have permission to post them, you are in violation of the DMCA. BTW, photographers are generally the most likely group of “artists” to seek redress under Title 17 and now they know who you are and where to file their claims. Copyright attorneys generally enjoy suing idiots, not only is it so much fun, its profitable as well.

]]> By: Greg L http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15700 Greg L Thu, 12 Jul 2007 13:17:30 +0000 http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15700 It's a humor site. This is political parody, broadly protected under the First Amendment and codified in federal law. The SBE has no jurisdiction here. Your free speech rights as a citizen do not end once you utter the name of a candidate for office. It’s a humor site. This is political parody, broadly protected under the First Amendment and codified in federal law. The SBE has no jurisdiction here.

Your free speech rights as a citizen do not end once you utter the name of a candidate for office.

]]> By: Anonymous http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15691 Anonymous Thu, 12 Jul 2007 12:37:03 +0000 http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15691 Greg, I think the previous commenter may be right on this. This doesn't look to good for you. The SBE may get involved as well. Greg, I think the previous commenter may be right on this. This doesn’t look to good for you. The SBE may get involved as well.

]]> By: Gurduloo http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15685 Gurduloo Thu, 12 Jul 2007 11:46:20 +0000 http://www.bvbl.net/index.php/2007/07/11/william-day-the-no-humor-man/#comment-15685 ...However, it does not include the “paid for by” line that is required for political communications by law... They're going to burn you on that one. Especially since you were made aware of the issue in your May 3 post about the parody website. …However, it does not include the “paid for by” line that is required for political communications by law…

They’re going to burn you on that one. Especially since you were made aware of the issue in your May 3 post about the parody website.

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