Man suing Nike over use of Jordan logo

[FearTheBeard]

Photographer sues Nike over Michael Jordan photo copyright - ESPN

Interesting...this guy says he had Michael do this pose for a picture and Nike used it to create the Jordan Logo. Nike paid him for use of it for two years in the 80's. Also apparently the daughter of the co-writer of Raging Bull sued MGM for use of the film and won because the court said they continued to release it on DVD and other formats which reset the clock on the copyright. Im curious to see what happens. What do you guys think??

 

[Rhode Irish]

I think if they only paid him for two years of use, they are going to owe him eleventy bajillion dollars.

 

[GoldenDomer]

Lots of money coming his way.

 

[FearTheBeard]

Yeah i think hes gonna get a massive settlement...or if he goes to court it seems like hes got some solid ground to stand on. Hes gonna cash in on this deal

 

[GoldenDomer]

My question is, did he just realize what the Jordan logo was?

 

[GoldenDome]

Nike can use the "artistic" expression precedent since they really did not use the photo. Similar to Andy Warhol using his artistic expression with the use of campbell's soup can stuff. Had Nike simply used his photo, he probably would get paid. Also, the logo is a much different pose than his picture.

 

[Rhode Irish]

Nike can use the "artistic" expression precedent since they really did not use the photo. Similar to Andy Warhol using his artistic expression with the use of campbell's soup can stuff. Had Nike simply used his photo, he probably would get paid. Also, the logo is a much different pose than his picture.

This is not my area of legal expertise, but give me a couple days and I'd come up with an argument at least good enough to get into court. Which means he is going to get paid.

 

[GoldenDome]

This is not my area of legal expertise, but give me a couple days and I'd come up with an argument at least good enough to get into court. Which means he is going to get paid.

I am no lawyer but if Andy Warhol "Campbell Soup" isn't against copyright infringement I just don't see how this is. I guess the question is whether the transformation of the original image is enough to be considered "artistic expression".

 

[Rhode Irish]

I am no lawyer but if Andy Warhol "Campbell Soup" isn't against copyright infringement I just don't see how this is. I guess the question is whether the transformation of the original image is enough to be considered "artistic expression".

I don't think the example you are giving about Andy Warhol is remotely analogous.

 

[FearTheBeard]

If it was only artistic expression idk why they would have paid him to use it for those two years in the first place. They paid to use it then and then decided to keep using it, seems like hes gonna get some money out of it

 

[IrishSteelhead]

I am very out of tune with how law works, but would guess the final score will be: guy- lots of money, Nike- paying lots of money without much resistance and calling it a day

 

[dre1919]

As an artist I can say that he probably should...BUT, the sketchy thing to me is why he chose to wait SOOO long if he really is concerned about his work being used without his consent. I mean, with a visible as that logo is, there's NO WAY he hasn't seen it years ago.

 

[Irish Insanity]

As an artist I can say that he probably should...BUT, the sketchy thing to me is why he chose to wait SOOO long if he really is concerned about his work being used without his consent. I mean, with a visible as that logo is, there's NO WAY he hasn't seen it years ago.

Long term investment. Take a little payoff early or wait until the brand is worth a blank check.

 

[ARALOU]

So they paid him to use it for two years then quit paying? I think he has a case. I am not a lawyer, thank God, but if they paid him then that means they are using it, correct?

 

[Pops Freshenmeyer]

Long term investment. Take a little payoff early or wait until the brand is worth a blank check.

Which is the prototypical scenario for laches.

 

[NDBoiler]

Which is the prototypical scenario for laches.

 

[Irish Insanity]

Lulz