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Photographer sueing Nike over Michael Jordan


9 years 3 months ago #423172 by Don Granger
espn.go.com/nba/story/_/id/12218091/phot...rdan-photo-copyright

"Not only is he asking for profits associated with the Jordan brand, which generated $3.2 billion in retail sales in 2014, but he also is seeking to halt current sales and plans for the brand's future."

If this photographer get's this.  He is going to get one huge paycheck.  But then you can't help to wonder after 28 years, why now? Did he just learn of the franchise?  Or is he just getting greedy and seeking to double dip his relationship with Nike? 
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9 years 3 months ago #423178 by Joves
I see it as a frivolous suit because he is  claiming a Copyright to the pose. Which he by the way said was a ballet move, so he essentially stole it from the ballet. So now do any and all ballet companies have the right to share in any settlement from this suit as well? Also the other party did recreate the shot, so they could have used that photo to make the silhouette, and therefore the Trademark.
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9 years 3 months ago #423196 by Ian Stone
:agree:   something smells about this.  Why wait so long to cash in?   
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9 years 3 months ago #423204 by garyrhook
At one point Nike licensed the image. We do not know what the contract states should happen after it expires. But the fact that licensing occured lends credence to the idea that Nike understand what they were doing. The man may have a case. Lots of legal details to be dealt with here, me thinks.
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9 years 3 months ago #423231 by icepics
I wonder why use of the photo wasn't relicensed or anything done about that years ago. In the suit the photographer says Nike registered it with the U.S. Patent and Trademark Office last month so I suppose that's what prompted this. The article says someone has up to 3 years after what would be considered an 'infringing act' to pursue a suspected violation, so yeah, the photographer might have a legit complaint, gotta wonder how it will turn out.
Sharon
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9 years 3 months ago #423243 by garyrhook

icepics wrote: I wonder why use of the photo wasn't relicensed or anything done about that years ago.


One does wonder. But it seems irrelevant to the case.

In the suit the photographer says Nike registered it with the U.S. Patent and Trademark Office last month


That's not what it says. The photographer "noted that the photo was registered with the U.S. Patent and Trademark Office for the first time just last month." That implies that is was the photographer who registered the images with the USPTO.

The article says someone has up to 3 years after what would be considered an 'infringing act' to pursue a suspected violation, so yeah, the photographer might have a legit complaint, gotta wonder how it will turn out.


The article also clarifies a Supreme Court decision that mitigates that restriction if infringement continues. I've read about that one before (re: the "Raging Bull" screenplay).
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9 years 3 months ago #423281 by Harrison J
Well regardless where you stand with this, if this guy wins this case, it's safe to assume getting even a small percentage of the revenues for nearly the last few decades would yield him good to go for some time.  And that is a big understatement!  
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9 years 3 months ago - 9 years 3 months ago #423314 by Stealthy Ninja
This was a signature Jordan move back in the day. Taking a similar shot doesn't mean all that much imho. But honestly this guy will probably get a bunch of million of dollars anyway. Even if he doesn't have a leg to stand on.

Besides someone in the comments on that link posted this (please don't sue me Nike):
img\def


Yeh I'm gonna go out on a limb and say that Nike used that image instead.  IMHO, the guy is going to lose.

You tell me what you think (Nike Jumpman logo is lower right):
img\def


The photographer did come up with the original jump idea, you COULD claim Nike copied that idea, but the logo itself is from a completely different (better) photo.
img\def

www.aevansphoto.com
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9 years 3 months ago #423320 by Scott Klubeck
:goodpost:
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9 years 3 months ago #423361 by Kayce
Can you think of the legal team Nike will summon to protect their assets?!  That is one legal battle I wouldn't want to mess with.  I just don't understand, why does this photographer bring this up after 28 years?  There are bits here that just don't add up.  Unless he was just watching it patiently, like a savings account incurring interest, then one day, when enough interest has been built up, you withdrawal.  
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9 years 3 months ago - 9 years 3 months ago #423392 by icepics
I thought maybe I misread it so I looked at it again; the article refers to the photo being registered recently with the Trademark office, which doesn't make sense. A photograph falls under the Copyright Office which is part of the Library of Congress, that's where a photographer would register a photo; a logo would fall under the Trademark Office which is part of the Commerce Dept. and a company or business would register that.

Found this on the NBA website; it says the photographer registered the photo with the Copyright office in December. It also says 'It's unclear why...' yeah, I'd say so!
http://www.nba.com/2015/news/01/23/michael-jordan-nike-lawsuit.ap/  
The photographer would've owned the copyright just by having taken the photo, but apparently never registered it??
Sharon
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9 years 3 months ago #423400 by cybersholt
I find this story intriguing, seems no matter the field someone still wants to sue someone over this because it made some money. Anyways what I found truly comical is the picture of the original sketch at the bottom it says "MOFO BLACK SHOE" :rofl:
img\def


And a few other shots of how the photo originated

img\def

Origin of Jumpman Logo | Jumpman
img\def

Origin of Jumpman Logo | Photoshoot 

And finally we have an article about it here:  http://www.photographytalk.com/photography-articles/5036-photographer-sues-nike-over-legendary-logo
 
Thank you for making PhotographyTalk.com your photography community of choice.
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9 years 3 months ago #423463 by Overread
Well this should be interesting to follow to say the least.  I think the photographer is up to something and I think Nike most likely had some lose ends. 
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9 years 3 months ago #423496 by Roy Wilson
Well regardless, this could get pricey for Nike. Just another example that will go down in history of how people step over the line. 
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9 years 3 months ago #423613 by Greg Friedman
Like the guy or not, he's about to get a Payday!  
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