so i imagine everyone who has seen yourscenesucks.com knows that a few characters are blatantly based on a few people, craig from bless the fall / escape the fate is one of them. i mean c’mon, one look at that promo shot and i knew i had to rip into him.
now their manager emails me a year later and wants to discuss this since i have merch with that likeness (a book and prints, both of which i’ve sold hardly any)
to be honest, i don’t know much about copyright law, and i guess he does have a valid point. the photographer who shot the photo thinks it was hilarious and didn’t have a problem with it.
can i just leave it alone and tell him it is a parody or to be fair should i just change the face a little bit (you can’t copyright a pose)
34 Comments
Randomentity said 4 months ago
well since the photographer gave you permission to use the source you should be fine. by changing the face you escape any legal emo wrath they could throw at you.
i think..
sht! said 4 months ago
tell him to tell craig to get a fucking hair cut!
andrE w. said 4 months ago
atleast montes the only cool one in that group.
changing the face could help, but dont you already have the books printed, or are the printed after an orders placed
deepee said 4 months ago
True. Frenden knows about unpleasent stickyness. Haha.
volatile v said 4 months ago
Change the face, but then make a new character for the 'Bitchy Manager' using him as a base.
a killer wombat said 4 months ago
I’m pretty sure your safe because your not naming the band used as a way to make money, nor are you just using the original photograph. Its just a reference photo... the problem arises when someone wants something that has to do with the band and they see yours and makes them think of the band, thus pulling sales from the band. But you didn;t market it that way, or anything like that so you should be fine.
Like if you were saying, "Buy this drawing of escape the fate" then it might be an issue.
ChadDoesDesign said 4 months ago
the band probably complained about it to the manager and he has to act in the best interest of the band
doublej said 4 months ago
who?
scapyyy said 4 months ago
didnt this guy get arrested recently? or maybe that was the old ETF singer.
and how can they even say anything about this? its a drawing, not like you used the exact picture and made something out of it. i really dont think they can do anything about that. but i’m not 100% sure.
Sushilove said 4 months ago
the old singer got arrested, that’s why they have this guy as frontman now.
all this sounds like a joke, seriously... people don’t have a sense of humour or what...
nadameansnothing.com said 4 months ago
Actually Mr. Dobi if you change any image by 30% the image is totally yours legally, serious. Actually the manager should know that. Ive worked on blessmyballs (blessthefall) record label and i know that. And def. Craig is a symbol for your screamo guy. You should just modify something small additional to the shirt and its totally yours and noone can tell you a word about it.
dougie said 4 months ago
Yeah, why not adjust the hair slightly, or better yet, the face.
Does this rule apply to any copyrighted image? if so, it’s pretty scary to think that someone could take your design, alter 30% and it’s theirs!
justinryan said 4 months ago
Toss him a gift certificate to hot topic and a years supply of hair wax and you should be good, no?
quakerninja said 4 months ago
It’ll be an orphan soon anyway.
jfinley said 4 months ago
Answer this question: Are people buying your merch BECAUSE of the likeness to Craig? To be honest, I had no idea.
scapyyy said 4 months ago
i didnt even know it was craig from bless the fall. and honestly, if he emails you a YEAR later, obviously no one else must have known it was him.
quakerninja said 4 months ago
The law looks at both pieces side by side and looks for substantial similarity
1. Are the pieces marked with a copyright/date/or trademark/date
this can include dated sketches or even written descriptions of an idea.
2. Did the alleged plagiarizing artist have access to the alleged original
3. Would average joe shmo on the street/or some old fat judge be able to tell the difference.
There is no altering percentage but if it passes these test than you are in the clear.
Note: This applys to fine art work (painting and books ect) not sure about digital art.
Law is to digital as sex is to urkel not gonna happen anytime soon.
{miles to go} said 4 months ago
add a mustache, done deal.
Randomentity said 4 months ago
for sure
quakerninja said 4 months ago
...and hook em.
justinryan said 4 months ago
Speaking of having issues with your scene sucks...
You referenced one of my websites as a site the "pop core" guy likes. Since then, we have gotten a handful of hits a month from your site and possibly even a few lasting visitors. This is unacceptable. I think you are using our site name to sell books and get hits on your site! The nerve...
In conclusion, please send me a free book for all my pain and suffering.
jfinley said 4 months ago
Haha, nice.
Benjamin Lande said 4 months ago
haha i know your faux hip hop inspiration was pretty stoked to find out.
hideouscarwreck said 4 months ago
i was actually looking at my yourscenesucks book the other day and pissing myself reading about kiki kannibal
tinaATL said 4 months ago
LOL who gives a fuck.
ETF is so dead ~
and hey, i was wondering who the popcore dork was based on?
:K
jaynajaynajayna said 4 months ago
give him a penis I think that will cover a 30% difference
PS fullbleed on the standard emo kid is gold. Good for you sir
mitchbones said 4 months ago
maybe a small tattoo?
though you might want to take off Escape the Fate of what "Screamo Frontman" listens to
Kevin Doom said 4 months ago
Baziiiiiiing!
Master_Control said 4 months ago
hahahaha good call.
I love the yourscenesucks stuff. It’s fun to look through. Great work on that, Dobi.
swissarmyshark said 4 months ago
Did Schulz have to pay every dog that looked like Snoopy too?
JoshInvincible said 4 months ago
BLACK METAL KNIGHT FTW!
gabroll said 4 months ago
Its considered a parody no matter who owns the rights to the image. That pose, his apparel, they arent wht he’s known for, they aren’t his trademarked 'style' for lack of a better word. Absolutely you are in the clear. Finley asked if people are purchasing your work because it looks like him and the answer is clearly no. Tell these thugs to jog on, but in a nice way.
nicolerork said 4 months ago
If it weren’t for Tim Harmon, I wouldn’t even know who his band is in the first place, so they’re technically getting publicity. He owns the rights to the photo, therefore you’re allowed to use it with his approval.
nicolerork said 4 months ago
All Time Low / Paramore ?