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Re: Usenet photo galleries

Will Dockery
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Joy Twitcuntre wrote:
> "Joy Yourcenar" <(E-Mail Removed)> wrote
> >>> "Michael Cook" wrote
> >>> > "Will Dockery" wrote in message
> >>> > >
> >>> > > You're not paying attention, as usual, my jeering little

> >>> > >
> >>> > > As I wrote, JRS, these fat-n-ugly bimbos need no photo

> >>> > >
> >>> > > rec.arts.poems group shot:
> >>> > >snip
> >>> > >
> >>> > > Funny stuff *without* manipulation.
> >>> > >
> >>> > > Oh, the humanity!
> >>> > >
> >>> > that was sooo uncool
> >>>
> >>> And what /you/ do is cool? You opened the door for parody-as-personal
> >>> attack, Cook, and JRS says that it's legal.

> >
> > They are not alone. The Supreme Court of the United States (which
> > includes Southern states too) said that in Leibovitz v. Paramount

> the plaintiff argued...
> ------
> ... principally on the ground that the defendant's use was commercial and
> therefore should receive little protection under the fair use defense.

> we agree that the commercial nature of Paramount's advertisement weighs
> against it in the fair use balance, we nonetheless conclude that this

> qualifies as a parody entitled to the fair use defense under the analysis

set forth
> by the Supreme Court in Campbell v. Acuff-Rose Music, Inc. , 510 U.S. 569

> ----------
> In all the Usenet stuff there is no commercial interest and largely no

> > Pictures Corp/ Specifically, they ruled that when a movie company used
> > a photo of a naked pregnant woman and superimposed the head of actor
> > Leslie Nielsen on it, the photo was a parody using similar lighting
> > and body positioning of a famous photograph taken by Annie Leibovitz
> > of the actress Demi Moore for the cover of Vanity Fair magazine.

> Public figures, yes. Plus they had permission for each individual photo.
> Liebowitz was sueing because of (intended simiarity) with her (famous)
> photo.
> Paramount didn't rip-off the Liebowitz image. Only mimiced it using
> legal photographs. That is what the case was about.

Exactly. Michael cook didn't create a bit of his "parody" of Chuck and
Bishop... he used photographs of their faces pasted onto images /stolen/
from a porn website.

> Didn't actually read it, dear?

She admitted to being /bobble-brained/ this morning...

> > Important factors: The movie company's use was transformative (because
> > it imitated the photographer's style for comic effect or ridicule) and
> > it was obvious the photo was an altered image,not an implied original,

> No. There was no photo theft.
> Only imitation.

Where in Cook's case, once again, photos were stolen from /three/ sources:
Bishop, Chuck /and/ the gay porn website... unless Cook claims that /he/ was
the photographer... which in that case /that/ concept of Cook the "swinging
gay photographer" provide ample fodder for /counter parody/... dig that
1970s disco cap in his picture:


> It's purpose was not defamation of a private citizen using a stolen

> Not very similar, really.

A closer similarity would have been pasting Demi Moore's face on, say,
Chuck's body.

> > and thus did not damage Ms. Leibovitz (Leibovitz v. Paramount Pictures
> > Corp., 137 F.3d 109 (2d Cir. N.Y. 199.)

> Have anything similar to that on a private citizen, using stolen photos?
> I've heard it is different.
> Wonder what Tom Bishop will do? He seems crazy.

"Bug**** crazy!" -Harlan Ellison

> > .. and besides, i didn't even
> >>> /steal/ anything, just posted a link to Joy's own website.

> >
> > You can't be this brain damaged. You KNOW the poem Tom intentionally
> > and gleefully stole and butchered is the copyright theft I refer to.
> > For your sake, I really hope this is a bad snip and Tom got cut off.

> Don't look now, but I think someone is parodying your porn/poetry site
> methodically, and posting to Usenet, impersonating you.
> Mocking you.
> Karma, perhaps?
> Joy
> Joy Twitcuntre
> Mirthologies:
> Porn site:
> I am the roil of your rolls,
> Everything else is lipid.
> ~Fat Baby~

The links don't work yet, Joy... looking forward to it, though.

Will there be a /photo gallery/? *grin*

The Shadowville/Netherlands project:

"Mirror Twins":

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