Posts Tagged ‘kindofbloop’

Copyright Infringement and the Culture of Suing Artists Into Submission

Andy Baio has some experience with copyright infringement, especially where iconic photographs are concerned. In case you didn’t read our previous coverage on the matter, his story goes something like this: in 2009, he put together an 8-bit version of Miles Davis’ album “Kind of Blue” called “Kind of Bloop,” and for the cover art he had a friend create a pixel-art version of Jay Maisel‘s famous cover photo.

Maisel wound up suing Baio for over $100,000 for the infringement, and despite an offer for free representation, potential court costs still forced Baio to settle out of court for $32,500. Baio wound up writing a long blog post about the matter, and now, a couple of years later, he’s expanded on that post in the above talk he gave at Creative Mornings in Portland. Read more…

How Much Pixelation is Needed Before a Photo Becomes ‘Transformed’?

In 2009 Andy Baio of Waxy.org — founder of Upcoming.org and former CTO of Kickstarter — created Kind of Bloop, an 8-bit tribute album to the best-selling jazz album of all time, Kind of Blue by Miles Davis. While Baio meticulously licensed all the music he used to create the album, he released a pixelated version of the original album cover (top, second from left) without licensing it, believing it was different and low-res enough to be considered fair use. He was then sued by the photographer, Jay Maisel, who “felt violated to find his image of Miles Davis, one of his most well-known and highly-regarded images, had been pixellated […]”.
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