EPISODE 110: You Never Had My Gelato

We start off the show remember Chester Bennington and earlier, Chris Cornell.  We briefly chat about depression and how common it actually is among creatives; however, there are many outlets and solutions to depression.  Exercising your brain is just as a good of treatment as physical therapy for a injured limb.  Reach out to people, talk it out, and if it’s really bad don’t feel ashamed or bad about reaching out to a professional.  You might be surprised who else suffers from lack of motivation, general depression and feeling down.

You can’t be afraid of people willing to hurt you because if you fear life you cannot live. – Chester Bennington

Then we break into talking about copyrights and ownership.  Who really owns art?  Do you own your own?  The panel shares stories about being flagged for copyright infringement in online media including one particular instance where a guest on the show had their own work flagged and demanded to be taken down. Can a wild animal own a copyright?

SketchZone does not own the copyright to this photo, apparently a wild monkey does…or David Slater.

To start of the copyright chat, Ryan Brockmeier, the director and producer of Midway: The Story of Chicago hip-hop shares a recent story regarding his documentary and Rolling Stone.  Rolling Stone posted a brief article about Chicago hip-hop and during their research clearly came across Ryan’s website and the documentary, and in that article and video was an obvious use of a photo from Midway and no credit was given.  Ryan contacted them but the author and Rolling Stone took no responsibility.  The article has since been modified to remove some information but the video is still posted containing the stolen image.

What legal recourse does one have against a giant publication such as Rolling Stone?  How much do you have to alter an image to fall with in Fair Use?

Jack shares his experience with having his work stolen and used not only as a logo but as business cards, on a website, and plastered on the side of a store front.  Unfortunately, the company is in Germany and legal recourse is quite difficult.

We then break into the story about Naruto, the monkey who took a selfie that spawned a legal battle back in 2011.  PETA has appealed the ruling and is suing David Slater and Blurb (the printer of the book) for copyright infringements, claiming the monkey owns the copyright.  The implications this has for not only copyrights but use of images and services such as Blurb is exponential.  The implications it has on the legal system at large is even more worrisome.  If a monkey can hold copyright, can is also be charged for stealing the camera, can it be charged for murder or assault?