Photo website takes down Joker picture citing fraudulent copyright claim
Paul Joseph Watson
Thursday, August 20, 2009
The online photo-sharing giant Flickr has banned the Obama Joker image from its website, citing flimsy copyright claims which aren’t even applicable, in the latest attempt to chill free speech.
The image had received over 20,000 page views on the Flickr website before it was pulled for apparent “copyright-infringement concerns,” due to the Time Magazine logo appearing in the picture.
Flickr’s claim that the image represents an infringement of copyright doesn’t stand up when one fully examines the law. The image clearly constitutes a derivative work and is perfectly legal.
“For copyright protection to attach to [a derivative work]…. it must display some originality of its own. It cannot be a rote, uncreative variation on the earlier, underlying work. The latter work must contain sufficient new expression, over and above that embodied in the earlier work for the latter work to satisfy copyright law’s requirement of originality,” reads one description of derivative copyright law.
Since simply putting a moustache on the Mona Lisa constitutes a legal “derivative work,” it is preposterous to claim that the Obama as Joker image, which is vastly different to the original Time photo of Obama, represents copyright infringement simply because the logo has not been removed. Indeed, there have been dozens of spoof front pages of Time Magazine posted on the Internet over the last decade.
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“The price of free speech is to defend the speech you don’t like, and hence Flickr should be condemned for yet another stupid decision on copyright, one that on the face of it they’ve made even without receiving a claim from Time Magazine,” writes blogger Duncan Riley.
The move to ban the image is just the latest in a series of hostile measures taken by different authorities in an attempt to crush the viral success of the Obama as Joker image.
As we have covered, police and mainstream media outlets in Florida have characterized people posting the image on flyers as an attack on the residents of Clermont, creating “victims” of some kind of heinous crime. Felony charges are now being filed against a teenager for posting the flyers.
Establishment media attempts to denounce the Obama Joker as racist were always grasping at straws, but the issue was firmly put to bed earlier this week when it emerged that the creator of the original Obama as Joker image was not a white supremacist, as many on the left were hoping, nor even a Republican, but a politically independent Muslim-American of Palestinian descent.
The propagation of the contrived hoax that the majority of people are “disgusted” by the image has been proven fraudulent by polls showing that most people support the first amendment rights of people to post the flyers.
This article was posted: Thursday, August 20, 2009 at 9:26 am