- Joined
- Feb 5, 2016
Apparently nobody was paying attention to Ethan Klein, the Hasan Piker Content Nuke, and the subsequent lawsuits and remembered how this works, but LFJ registered the copyright on the headshot used as his profile pic on BlueSky and other social media.
(source)
Registering a copyright means LFJ does not have to prove a loss of income or anything else from you scribbling "retard" on his headshot and posting it, he can be awarded statutory damages. The maximum (which wouldn't be awarded for a noncommercial use of a single photo, but it's still the maximum) for willful copyright infringement is $150k. The minimum is $750. Ask a lawyer or an LLM for a realistic price tag on that picture, but also consider: do you really want to give Liz Fong-Jones your name, address & other contact info, and a couple thousand dollars plus attorneys' fees?
There are many other pictures of LFJ which he does not hold the copyright on. Or, if you have the opportunity to be in the same room as LFJ and the ability to not poz your neghole, you would automatically have the copyright to a photo you take.
Yes, Fair Use exists. LFJ doesn't care and it is a defense you use once you're already being sued for copyright infringement, not a magical incantation to ward off legal action. Ultimately, only a federal court can determine whether a particular use is, in fact, a fair use under the law. (Which is why LFJ doesn't care - even if you successfully prove Fair Use, he's got your info and can do whatever he wants with it, despite the signed declaration that it's only to be used for copyright protection.)
Here is the copyright registration: https://publicrecords.copyright.gov/detailed-record/siebel_VAu001576006
(Obligatory disclaimers: IANAL and this only applies in the U.S. because I have no idea how copyright works in third-world shitholes like Canada or Australia. Any motions to quash from Josh, the Kiwi 8 or (You) may or may not protect you from the vindictive Chinabrick - results not guaranteed)
Registering a copyright means LFJ does not have to prove a loss of income or anything else from you scribbling "retard" on his headshot and posting it, he can be awarded statutory damages. The maximum (which wouldn't be awarded for a noncommercial use of a single photo, but it's still the maximum) for willful copyright infringement is $150k. The minimum is $750. Ask a lawyer or an LLM for a realistic price tag on that picture, but also consider: do you really want to give Liz Fong-Jones your name, address & other contact info, and a couple thousand dollars plus attorneys' fees?
There are many other pictures of LFJ which he does not hold the copyright on. Or, if you have the opportunity to be in the same room as LFJ and the ability to not poz your neghole, you would automatically have the copyright to a photo you take.
Yes, Fair Use exists. LFJ doesn't care and it is a defense you use once you're already being sued for copyright infringement, not a magical incantation to ward off legal action. Ultimately, only a federal court can determine whether a particular use is, in fact, a fair use under the law. (Which is why LFJ doesn't care - even if you successfully prove Fair Use, he's got your info and can do whatever he wants with it, despite the signed declaration that it's only to be used for copyright protection.)
Here is the copyright registration: https://publicrecords.copyright.gov/detailed-record/siebel_VAu001576006
(Obligatory disclaimers: IANAL and this only applies in the U.S. because I have no idea how copyright works in third-world shitholes like Canada or Australia. Any motions to quash from Josh, the Kiwi 8 or (You) may or may not protect you from the vindictive Chinabrick - results not guaranteed)