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I love these takes. "hope it was worth all the hullabaloo and time missed with his team". 2 days of practice? What about the days he was there and others were not, you know, when it was not mandatory? Where was the hullabaloo when those other guys were not there? Guy had a pre-booked trip that made him miss 2 practices and the media went apesh*t about it lol sounds like an offseason with nothing better to do and a media that hates the Jets and Rodgers -
lol is this legit? i thought you were kidding at first -
By Sperm Edwards · Posted
I’ll defer to those who do this, but I don’t think you’re right. My layman’s take on it is if I make an original drawing or painting or if I write a song or a piece of literary art on my own, and have tangible proof I created it before you made any claim or use of it (e.g. I mailed a separate copy of an original song recording or a movie screenplay to myself before you stole it from me (particularly if I showed it to you or you had access to seeing it), and I still have that unopened package stamped by the post office; or in the internet era if I just have some date/time stamped evidence like a recording I emailed to myself, my wife, etc. or posted it on my own website, you can’t just take/use it as yours because I didn’t register it with the copyright office. Once a work of art is “fixed” in a tangible medium, it’s automatically copyrighted. So an original drawing on paper or as a digital file (rather than an idea for such); an original song recording or written sheet music; an original written-out manuscript and not just some verbal sharing of an idea I had. Also further that such original creation wasn’t a condition of my employment, of course (if Ape worked for me as a graphic designer and he created something cool I asked him to make in that capacity, it isn’t his unless his artwork copyright-retention was part of our arrangement that, say, I get licensed use for x amount of time, and/or only in certain mediums - e.g. web but not print - but it’s still his intellectual property). That’s not the reason he has no case. First off, from Doggin94it’s input above, time seems to be the easiest, automatic disqualifying reason. Even if time for his claim hadn’t clearly expired, in the past he surely lacked tangible proof he created this on his own personal time (not work time) and without his employer prodding or assigning or suggesting to him to give it a shot as part of his employment. If he’d thought of suing years ago, I’d think that such burden of proof was upon him, and that’d be pretty difficult unless he had a postmarked or certified letter saying, “Hey I know this is not even my department and you didn’t ask me to create this, but just for kicks I drew up this cool Jets logo below, on my own after work. Just thought you’d find it interesting.” That or, before showing it to the team, maybe like a dated video of him creating it at home (e.g. paper receipt of film developing of his Super8 film since other time-stamping video technology didn’t exist in ‘78). Absent a record that the team acknowledged he made this on his own, he’d have still needed something like that and for almost 50 years hadn’t gone by; in particular with his then-employer visibly using it as the team’s official logo for 20 years - with his obvious knowledge - where his decades-long silence and legal inaction probably constituted assent that he has no claim to it as his own property.
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