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Stunner. Leftist Yanks Pep Rally “Applause” Photo & Threatens Lawsuit

Home - by - January 16, 2011 - 19:28 America/New_York - 35 Comments

From Jim Hoft

Yesterday, I posted this photo from Flickr taken at the Obama “Let’s Thrive” pep rally in Tucson on Wednesday.
As you can tell the Jumbotron included not just Obama’s speech but “applause” lines for the crowd.

After this was posted the photographer took down her photos from the pep rally.
(What a shock!)

Today RightNetwork received this threatening message from the leftist photographer:

From: Patti H—-
Date: Sat, 15 Jan 2011 20:34:39 -0700
To: ; Subject: All Rights Reserved Photo

Please take down the photo you posted on here:

http://gatewaypundit.rightnetwork.com/2011/01/if-white-house-was-surprised-at-applause-at-tucson-pep-rally-why-did-they-ask-for-it-on-jumbotron/

My pictures on Flickr are Copyrighted All RIghts Reserved.
You have to have written permission from the artist to use this photo, which I will not give.
I have since taken this photo down from my Flickr page.
It was taken from my Flickr page: http://www.flickr.com/photos/patrieningles/
If you do not take these photos down, I will have to take further action.
Patti H—-

See Jim Hoft’s response here

» 35 Comments

  1. dude

    January 16th, 2011

    Here is what my response would be to her: F**K YOU!!!!

    Noteworthy Comment Thumb up +11

     
  2. scribble

    January 16th, 2011

    Libs believe if you take the truth from prying eyes it never happened in the first place.

    Noteworthy Comment Thumb up +22

     
  3. Papadoc

    January 16th, 2011

    @moe:

    This was not a “gathering”, it was a memorial service, and there were apparently no adults present to tell the children how to behave respectfully. Logos, slogans, T-shirts and applause prompts. How despicable.

    Noteworthy Comment Thumb up +23

     
  4. Dan Ryan Galt

    January 16th, 2011

    Patti H, you lie!

    Thumb up +7

     
  5. ScratchNSniff

    January 16th, 2011

    Is a picture of a picture still a copywrite violation?

    Umm. Don’t tell Jim Hoft,but, ya. -bfh

    Thumb up +1

     
  6. Czar of Defenestration

    January 16th, 2011

    Responder #10 (Michael P.) in the Gateway Pundit comments had the answer to what I was wondering:
    how so would a screengrab be OK if the photo itself wasn’t? The fact that one can properly/legally use such a photo for commentary is illuminating (if not also sorta scary) to me.

    Thumb up 0

     
  7. jwm

    January 16th, 2011

    Ah, the left-
    Free speech for me, but not for thee.
    Very progressive.

    JWM

    Thumb up +9

     
  8. [...] This post was mentioned on Twitter by iOwnTheWorld. iOwnTheWorld said: Stunner. Leftist Yanks Pep Rally “Applause” Photo & Threatens Lawsuit http://goo.gl/fb/BuQXA [...]

    Thumb up 0

     
  9. BigFurHat

    January 16th, 2011

    I am a big fan of Jim Hoft, but I don’t know what copyright law he’s citing.

    If the photographer had this on Flckr with a copyright notice that said unauthorized use without express written consent of the copyright holder is forbidden, then she has a case.

    It doesn’t matter if you take a screenshot of it, it’s an electronic copy, which doesn’t distance you from copyright infringement.

    However. I’m in the clear with my re-do, Tackytron, because I developed the piece into an entirely different point by adding to it and changing elements.

    Thumb up +2

     
  10. Czar of Defenestration

    January 16th, 2011

    @ Fur

    Please see comments #10 and #64 to the article at Gateway Pundit. “Fair Use.” Do you agree?

    Thumb up 0

     
  11. FreeMan - But Not For Long

    January 16th, 2011

    It is a blur to the current copyright law. If I take a picture of a picture it is mine. Video too.

    This is one loophole that the new Internet laws coming down will close for good.

    No. Electronic scanning, photographing, or videoing is not a loophole to copyright.
    That’s like saying I can duplicate a movie and it’s mine. Of course that isn’t true. Try videoing a movie inside a theater and then plead your case that it’s yours now. Or recording a concert on an audio device. =bfh

    Thumb up 0

     
  12. Majestic Machinegun Messiah

    January 16th, 2011

    If it’s not a big deal, then why is a lib screaming to get it taken down?

    Thumb up +3

     
  13. BigFurHat

    January 16th, 2011

    czar-
    No. I do not. Because this photo was not released as a news piece or a photo accompanying a news article. It was part of a private, copyright protected, catalog. The photo was never released.
    Fair use applies to art or photos or writing that have been published.
    This was not.
    You can’t raid it and then declare you’re only making commentary on it as if it was a piece run by WAPO.
    Hoft made it the news item.

    Thumb up 0

     
  14. BigFurHat

    January 16th, 2011

    Ironically, people can now use the screenshot that was published as a news piece to talk about the copyright infringement.
    But Hoft wouldn’t be off the hook as the initial infringer.
    It’s like how everyone posted the Fairey poster after it was tagged for infringement. AP couldn’t go after people reporting the story and showing the poster, but Fairey was still on the hook.

    Thumb up 0

     
  15. Bubba

    January 16th, 2011

    Hidden due to low comment rating. Click here to see.

    Poorly-rated. Like or Dislike: Thumb up -19

     
  16. FreeMan - But Not For Long

    January 16th, 2011

    BFH – Yes that is true about boot leg video and audio. And photos do fall under the same category, but I can take a photo of a photo. People do it all the time. On vacation I photo a painting, or a print. What you can see you can capture. He can screen print all day and all night without a hint of a problem. BUT he published it, that could give him some trouble from the sharks in the water now. If he had it of GW there would not be a peep. But he did it in a time where they are just looking for an excuse to shutdown bloggers.

    Thumb up 0

     
  17. Commisar Abe

    January 16th, 2011

    Someone must not like having their work critiqued.

    Thumb up +3

     
  18. Aufklarer

    January 16th, 2011

    Threatened by Munchkins.

    Thumb up +1

     
  19. FreeMan - But Not For Long

    January 16th, 2011

    Dumbba — Proof is in the pudding. It is not a story, the FACT that someone wants to push copyright infringement is a testament to its Factual content. This action alone makes the photo real you idiot.

    Thumb up +6

     
  20. Tom

    January 16th, 2011

    This is such thin ice for Cow Patti.

    Make a stink about the photo…it becomes viral…good luck chasing down all versions and facsimiles of of the photo, much less bringing action against them all.

    This “(applause)” indicator is lifted directly from the speech text. It’s actually a prompt for President Dumbo to pause in his speech.

    Thus, it should be called the “Dumbotron”

    ;-)

    Thumb up +5

     
  21. workingclass artist

    January 16th, 2011

    “You have to have written permission from the artist….bla…bla…bla…”
    I am actually a certified professional artist & this flikr image does not qualify as ART….so proceed Croft & IOTW et al., and make it into art….

    ( People calling themselves artists…sheeesh! )

    Thumb up +1

     
  22. GM Car of the Future

    January 16th, 2011

    That “applause” line was clearly only a prompt for the deaf folks in the audience, so they’d know when to applaud.

    It was their obligation, since everyone received a free souvenir T-Shirt of the rally.

    Thumb up +1

     
  23. F.D.R. in Hell

    January 16th, 2011

    Typical dumb photog. Put your pictures on a light box with a loop, for Chrissakes.

    I fired one of mine in 1933 when she accidentally snapped a pix of my wheel-chair behind the podium.

    Thumb up +2

     
  24. ScratchNSniff

    January 16th, 2011

    @Working Class, Do you have to have a card to be called an the “actual” artist? There are a lot of folks calling themselves that out in the world. :D

    Thumb up +2

     
  25. Name Redacted. Gotta keep 'em guessin.'

    January 16th, 2011

    Too late anyway. Cat’s out of the bag.

    Thumb up 0

     
  26. Tammy Cracker

    January 17th, 2011

    Go ahead and sue.
    It will cost you more than you think.
    And it will give the photo more recognition than you ever expected.

    Thumb up +5

     
  27. equityveritas

    January 17th, 2011

    Of course the media will never touch this one because they’re lefties. The absolute irrational dishonesty and dishonor by this President, his administration, and the majority of Democrats who are/were in congress is beyond what we’ve EVER seen in this nation.

    Thumb up +1

     
  28. workingclass artist

    January 17th, 2011

    scratchNsniff….although artists don’t have guilds or unions anymore you are correct in that the title has lost it’s meaning…I am “certified” in that I have obtained the highest degree dispensed by my academic peers…an MFA in Painting / U of Penn 89′.
    This makes me a qualified and educated critic as well as practitioner of the ancient crafts…although lately I have had mixed results for my efforts…it happens

    ** Her photo aint’ ART but this political quibble could inspire others to elevate through manipulation said image into a work of art…just sayin’ ** :)

    Thumb up 0

     
  29. [...] Absolutely shameful. [...]

    Thumb up 0

     
  30. jmm1890

    January 17th, 2011

    My bet is that that this is not a prompt to applause but a closed caption, for the hard of hearing, of what the school said at that time.

    Thumb up 0

     
  31. andy

    January 17th, 2011

    FYI, looks like GM and jmm are probably right, assuming Rush is right (as usual). He just talked about it on his show and (as a near deaf person) is pretty convinced it was a closed caption.

    Thumb up 0

     
  32. Son of Bob

    January 17th, 2011

    Whether or not it’s a closed caption or an applause prompt, the bigger story is that this photographer is so upset that her photo may hurt “The One.” Apparently, anything that might insult Der Fuehrer must be removed.

    Thumb up +3

     
  33. Mourning in America

    January 21st, 2011

    [...] did Patti H, who apparently took the Flickr picture of the Jumbotron, take down the picture and threaten to sue the BigFurHat site that ran with [...]

    Thumb up 0

     
  34. [...] did Patti H, who apparently took the Flickr picture of the Jumbotron, take down the picture and threaten to sue the BigFurHat site that ran with [...]

    Thumb up 0

     
  35. [...] did Patti H, who apparently took the Flickr picture of the Jumbotron, take down the picture and threaten to sue the BigFurHat site that ran with [...]

    Thumb up 0