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Lanny Heidbreder
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What's missing from all the discussion on this topic is that Baio and his artist friend did not simply lift or modify the original photograph. The Kind of Bloop cover was not imported into, downsampled in, and re-saved from Photoshop. It was redrawn, painstakingly, from scratch, pixel-by-pixel, in a different art style. Even then, if it had been the image itself being sold for a profit, Maisel would've had a point. But it wasn't; it was simply accompanying an entirely different product which was the actual thing people were buying. So: The original photo was never distributed; What was distributed was artistically recreated from scratch by hand; What was distributed was never directly profitable; Maisel demanded money upon his first communication with Baio without so much as an inquiry beforehand. I agree that "freetards" (to use that vulgar term) are incredibly annoying, but given all the facts, I fail to see how anyone, even people who live on, breathe, and swim in copyright, can be on Maisel's side here.
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Jul 12, 2011