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The Trump campaign may have violated United State copyright law by selling merchandise featuring the former president’s mugshot, legal experts have warned.

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[-] Blackmist@feddit.uk 92 points 1 year ago

"Never surrender"

Isn't that exactly what he did in order for that photo to be taken? 🤔

[-] cedarmesa@lemmy.world 50 points 1 year ago

Its always been his entire schtick. Look at reality, declare the opposite, trailer parks in kentucky erupt into cheers, repeat

[-] tegs_terry@feddit.uk 15 points 1 year ago

He could lamp a nun in the clunge and his people would cheer. The flies have picked a shit; now they like what he does because it's him rather than liking him because of what he does.

It's what you get for turning elections into sports matches.

[-] cedarmesa@lemmy.world 8 points 1 year ago
[-] legios@aussie.zone 6 points 1 year ago

I wonder if the writers for Galaxy Quest could sue him too! 😀

[-] Sweetpeaches69@lemmy.world 65 points 1 year ago

Mugshot merchandise being sold by him is insane. I hate this timeline.

[-] CrabAndBroom@lemmy.ml 52 points 1 year ago

The former president of America is selling merch of his own mugshot for a RICO felony racketeering charge, for stuff he allegedly did while he was the sitting president. That is a thing that is actually happening right now.

By the time this is all resolved, we might even have and answer to the question: can a president lose an election, organize a coup to overturn that election, get legitimately re-elected in the next election, then pardon himself for sedition for the election he tried to overturn?

Like it's a long shot, but the fact that it's even remotely possible to watch that play out for real is fucking wild.

[-] timespace@sh.itjust.works 19 points 1 year ago

Like it's a long shot

Is it though? I thought him winning in 2016 was impossible. I’m not sure of anything anymore.

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[-] bernieecclestoned@sh.itjust.works 10 points 1 year ago

People buying it is even weirder

[-] Ullallulloo@civilloquy.com 44 points 1 year ago

Anything the government produces should be in the public domain.

[-] HawlSera@lemm.ee 7 points 1 year ago

I thought that was the case

[-] SheeEttin@lemmy.world 4 points 1 year ago

Federally, yes. Not necessarily for state or other levels.

[-] kvasir476@lemmy.world 35 points 1 year ago

You hate to defend Trump, but that's absolutely fucked. As far as I know you can't refuse a mugshot, so you're essentially compelled to release the rights to your likeness if you're charged with a crime. I could see the logic if you're convicted (under the 13th, which is still fucked), but that's crazy before a trial/guilty verdict.


Anyway, just a layman's take. Would love to hear what an actual lawyer has to say.

[-] doggle@lemmy.dbzer0.com 45 points 1 year ago

People generally don't have rights to photos of them regardless of whether they consented to having them taken. That's, like, the whole thing with paparazzi.

US copyright law is unsalvageably fucked

[-] kvasir476@lemmy.world 14 points 1 year ago

IMO the difference between this and paparazzi is that you aren't legally compelled to allow the paparazzi to take photos of you. If paparazzi gets the photos then they're theirs, but you can at least try to prevent them from taking them.


US copyright law is unsalvageably fucked

Yes

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[-] antonim@lemmy.dbzer0.com 23 points 1 year ago

“You’re prohibited from reproducing it, making a derivative work of it, distributing it without authorization, or that is to say distributing anything that isn’t the one copy you already lawfully have, and various other things. Making a public display of it, making a public performance of it, which opens up all kinds of fascinating possibilities here.”

Am I crazy or does this mean every single newspaper that has reproduced the photo (i.e. probably the majority of political newspapers in the entire world) should have asked Fulton county Sheriff's Office for permission to do it?

[-] SomeoneSomewhere@lemmy.nz 24 points 1 year ago

'Fair use' is a thing. It varies by country, and I'm not certain on where the US falls.

Selling copies on merchandise would definitely not be fair use.

Using it in news articles may be fair use under some circumstances, but probably only if you were commenting specifically on the mugshot.

[-] PotjiePig@lemmy.world 11 points 1 year ago

News articles can use media for 'editorial' purposes which has a slightly different usage rights subset to 'commercial' purposes which tend to be much more tied down. Having said that, I would have thought that seeing it's his own mugshot and that it wasn't taken by professional creative photographer and that it was forced upon him and released to the public domain, that he would be entitled to use it as he sees fit. It's a picture of himself after all.

This almost feels like he's being picked on because he's so widely hated and that many people want to see him burn.

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[-] Treczoks@lemm.ee 6 points 1 year ago

First of all, there is the fair use thing, and second, they probably have, and most likely there is even a clause in the Sheriff's Office' standard disclaimer that press use is OK.

[-] rez_doggie@lemmy.world 5 points 1 year ago

mugshots. com needs to be sued out of existance.

[-] Treczoks@lemm.ee 9 points 1 year ago

The copyright is not with the person on the photo, it is with the photographer. Which in this case is the police department.

The only rights that Trump had were the rights on his own picture. Which is hard to control as a celebrity (public interest and such), and which he basically waived as he had those merch sold himself.

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[-] TenderfootGungi@lemmy.world 4 points 1 year ago* (last edited 1 year ago)

Whomever takes a picture owns the copyright. If you hand your camera to a stranger to take a family photo, legally that stranger owns the copyright on your family photo. In this case the county or county employee owns the copyright. And they should be suing anyone profiting from its use.

Edit: consent is irrelevant. That is a totally separate privacy issue.

[-] TrenchcoatFullofBats@belfry.rip 4 points 1 year ago* (last edited 1 year ago)

I understand what you're saying, and normally I would agree with you.

However, when Trump was mad at Twitter, he pushed hard to revoke Section 230, which protects social media platforms from the content their users post.

Interestingly, he stopped caring about this as soon as he started his own social media platform, which he tried his best to steal without attribution from Mastodon.

Now he is selling an image he does not own the copyright on. He can get fucked.

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[-] crystalmerchant@lemmy.world 33 points 1 year ago

like he gives a flying fuck

[-] random_character_a@lemmy.world 4 points 1 year ago

I heard he gives a 1 up mushroom. Not a flying one.

[-] Tb0n3@sh.itjust.works 19 points 1 year ago

I hate that a shitty picture taken as part of legal proceedings is copyrightable. Just like research paid for by the government should be free and unencumbered, so should things produced by the government itself.

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[-] FlashMobOfOne@lemmy.world 19 points 1 year ago

I almost want Trump to bite it just so I don't have to see any more of these headlines made by people salivating over an imprisonment that's just never going to happen.

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[-] Treczoks@lemm.ee 18 points 1 year ago

Good. Copyright violations for commercial gain are one of the most mindlessly over-penalized issue in the books. This time, it could actually used for good. Making millions out of copyright violations in the US is probably next to gang rape and mass murder.

[-] Grimy@lemmy.world 11 points 1 year ago

Copyright laws are usually just abused by corporations to endlessly milk profit and hinder small time artists and creators. I don't think it's comparable to gang rape.

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[-] fox2263@lemmy.world 14 points 1 year ago

Has anyone else ever, in history, released a merchandising line 5 secs after their mugshot process thing?

[-] DigitalFrank@lemmy.world 11 points 1 year ago

So throw a civil suit at him. I'm sure the taxpayers of Fulton County won't mind paying for a 10-year court case and appeals.

[-] Pratai@lemmy.ca 10 points 1 year ago

May have? The dude violates humanity by breathing. Fucking launch that pissfart into the sun and let’s be done with him.

[-] Jackolantern@lemmy.world 7 points 1 year ago

I really can’t believe that he was a former president and “leader” of the most powerful military that ever existed.

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[-] Delusional@lemmy.world 6 points 1 year ago

Wow they found enough idiots to buy that dumb shit to make $7 million?

[-] Kase@lemmy.world 4 points 1 year ago

They sold merchandise? I know I shouldn't be surprised, but damn that's weird

[-] missveeronica@lemmynsfw.com 4 points 1 year ago

Didn't Geeen Day also sell t-shirts with his mugshot? Sounds like they broke copyright law as well, then.

[-] RGB3x3@lemmy.world 17 points 1 year ago

They put "Nimrod" over his face to resemble their album, so that very likely falls under fair use as parody.

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[-] zib@kbin.social 3 points 1 year ago

At this point, I'd be more shocked if some dumbass thing he does isn't breaking a law.

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this post was submitted on 06 Sep 2023
537 points (94.1% liked)

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