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Fairey et al v. The Associated Press

Last post 08-10-2009 3:35 PM by dgrits. 5 replies.
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  • 08-07-2009 1:16 PM

    Fairey et al v. The Associated Press

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    Mannie Garcia has filed his answer: You can read it here .

    Keith

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  • 08-07-2009 6:09 PM In reply to

    Re: Fairey et al v. The Associated Press

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    Yep! As I mentioned in another thread...

    Independent Contracter

    He is using that argument to it's fullest and breaks it down to even his use of his own car, working out of his apartment, use of own camera, use of own lens, received no medical, did not qualify to join the union etc.

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  • 08-07-2009 9:14 PM In reply to

    Re: Fairey et al v. The Associated Press

    Reply Contact

    AP screwed up back when and didn't check that he hadn't signed their contract. Crying

    The ones that have the potential to take it in the shorts are Fairey, his management and his distributor.

    I didn't realise till today the AP is a non-profit.

    Keith

    If you think you can, or think you can't, you're right!

    Digital SLR Basics (NEW! Blog)


    Thinking Zenfolio? Referral code - TEY-M6D-6DG You save $5 when you sign up and I get a $5 credit.

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  • 08-08-2009 9:46 PM In reply to

    • dgrits
    • Top 50 Contributor
    • Joined on 08-09-2005
    • South Georgia, USA
    • Posts 5,747

    Re: Fairey et al v. The Associated Press

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    So, any guesses as to how much he'll be awarded as damages and compensation...?

    Mid-to-Upper 6 figures is my guess...

    "The most beautiful thing we can experience is the Mysterious. It is the source of all true art and science."
    Albert Einstein

    Photography: Random In Nature

  • 08-09-2009 10:03 AM In reply to

    Re: Fairey et al v. The Associated Press

    Reply Contact

    It seems the purpose of this suit is to determine who the copyright owner is.

    It seems pretty clear that Mannie Garcia owns the image, having remained an independent contractor while shooting for the AP, though the AP claims otherwise. 

    Assuming he is declared the copyright owner, he will have to sue Fairey, et al, if he wants to seek damages. He said he didn't back in February. Of course, he's now been dragged into this action and will have invested time, legal fee's, and gotten advice from various sources, so we'll see.

     

    Keith

    If you think you can, or think you can't, you're right!

    Digital SLR Basics (NEW! Blog)


    Thinking Zenfolio? Referral code - TEY-M6D-6DG You save $5 when you sign up and I get a $5 credit.

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  • 08-10-2009 3:35 PM In reply to

    • dgrits
    • Top 50 Contributor
    • Joined on 08-09-2005
    • South Georgia, USA
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    Re: Fairey et al v. The Associated Press

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    From what I got out of it, the AP and Fairey & Co knew all along that the photo belonged to Manny... they just tried to ignore that fact and get the copyright on their stuff instead... maybe I misread it.

    He'd be crazy not to proceed with the infringement suit for damages. At least to pay for, as you mentioned, his fees and time invested in retaining the rights to his work... From the way Fairey & Co acted, I'd say push it for all its worth! They obviously didn't care that it belonged to him.

    "The most beautiful thing we can experience is the Mysterious. It is the source of all true art and science."
    Albert Einstein

    Photography: Random In Nature
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Mpix.com Community » Mpix Forums » The "Business Side" of Photography » Fairey et al v. The Associated Press