Scott Dierking Posted February 3, 2010 Share Posted February 3, 2010 Sure. And if this were parody - like, say, KSK's blog posts, which use his picture all over the place - it would be protected as such. (BTW, Fallwell v. Hustler had nothing to do with likeness rights) This isn't parody. You aren't using his image to lampoon him, or anyone else. You'd be using his image to sell t-shirts, to fund a new grill. So if this is not parody, Rex Ryan actually meant "F U Miami" and his lawyer will argue that? Of course that is not what Ryan meant, and this creates parody. Link to comment Share on other sites More sharing options...
CTM Posted February 3, 2010 Share Posted February 3, 2010 What if you worked for an ass kicking company? Would you care that the CEO flicked some idiot off? Because Rex works for a company that profits off of kicking ass. I <3 Rex Ryan weren't you all butt hurt about the crowder thing? i'm curious more then anything else.. changing positions is fine.. Link to comment Share on other sites More sharing options...
CTM Posted February 3, 2010 Share Posted February 3, 2010 So if this is not parody, Rex Ryan actually meant "F U Miami" and his lawyer will argue that? Of course that is not what Ryan meant, and this creates parody. I admire your tenacity, but implore you to cease and desist. You have 0% chance of winning Link to comment Share on other sites More sharing options...
ZachEY Posted February 3, 2010 Share Posted February 3, 2010 Yes - he holds a copyright in that image. I'd worry about this more than Rex to be honest. Link to comment Share on other sites More sharing options...
ZachEY Posted February 3, 2010 Share Posted February 3, 2010 I admire your tenacity, but implore you to cease and desist. You have 0% chance of winning Boo this man. Link to comment Share on other sites More sharing options...
Maxman Posted February 3, 2010 Share Posted February 3, 2010 1) Damage to his reputation (probably nominal) 2) All profits from the sale of the shirts 3) A reasonable royalty rate for the use of his image (i.e. what he would get paid for doing a commercial) which may be more than you can make on the shirts 4) Even w/o damages, he can get injunctive relief Yes I doubt a lawsuit would ever come from it but that is where it gets tricky, when profits are involved. Link to comment Share on other sites More sharing options...
Scott Dierking Posted February 3, 2010 Share Posted February 3, 2010 I admire your tenacity, but implore you to cease and desist. You have 0% chance of winning You are acting like I have some interest in your take Link to comment Share on other sites More sharing options...
RutgersJetFan Posted February 3, 2010 Share Posted February 3, 2010 I admire your tenacity, but implore you to cease and desist. You have 0% chance of winning Seriously, I haven't seen a guy so stupidly not throw in the towel since Apollo didn't let Rocky stop the exhibition fight with Drago in Part IV. Link to comment Share on other sites More sharing options...
CTM Posted February 3, 2010 Share Posted February 3, 2010 You are acting like I have some interest in your take ok, wrongity wrongenstein Seriously, I haven't seen a guy so stupidly not throw in the towel since Apollo didn't let Rocky stop the exhibition fight with Drago in Part IV. This.. Link to comment Share on other sites More sharing options...
Scott Dierking Posted February 3, 2010 Share Posted February 3, 2010 ok, wrongity wrongenstein This.. Precedent is on my side, but why let that ruin your cheerleading Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 So if this is not parody, Rex Ryan actually meant "F U Miami" and his lawyer will argue that? Of course that is not what Ryan meant, and this creates parody. Congratulations on demonstrating that you have no idea what parody means, as a legal matter. It has nothing at all to do with whether anyone believes that the person pictured means the message (you may be confusing this with Fallwell's holding that their was no reputational damage because nobody believed Fallwell had sex with his mother in an outhouse). Here's a good article you should read. http://www.publaw.com/parody.html Seriously . . . watching The People v. Larry Flynt three or four times doesn't make you knowledgeable about conlaw. Link to comment Share on other sites More sharing options...
ZachEY Posted February 3, 2010 Share Posted February 3, 2010 Precedent is on my side, but why let that ruin your cheerleading How? Lets look at this another way. My dad is a Big and Tall Menswear store owner. If he took out a full page ad in the New York Post with the name of his company, and a photo of Shaq, don't you think he'd get sued, and lose? How is this any different? Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 So if this is not parody, Rex Ryan actually meant "F U Miami" and his lawyer will argue that? Of course that is not what Ryan meant, and this creates parody. Simple question for you, Scott: What, in your head, does "parody" mean? Would a comic book about Mickey and Minnie Mouse having sex and doing drugs be parody? Link to comment Share on other sites More sharing options...
New York Mick Posted February 3, 2010 Share Posted February 3, 2010 Simple question for you, Scott: What, in your head, does "parody" mean? Would a comic book about Mickey and Minnie Mouse having sex and doing drugs be parody? I have no ****ing idea but I'd definitely read it. Link to comment Share on other sites More sharing options...
ZachEY Posted February 3, 2010 Share Posted February 3, 2010 Would a comic book about Mickey and Minnie Mouse having sex and doing drugs be parody? Link to comment Share on other sites More sharing options...
Doggin94it Posted February 3, 2010 Share Posted February 3, 2010 Shhhhhh Link to comment Share on other sites More sharing options...
New York Mick Posted February 3, 2010 Share Posted February 3, 2010 Doggin you have no idea how much Disney porn is out there, the Princess from Aladdin has a great set of **** and Little Mermaid is a fuzzy bumper. Link to comment Share on other sites More sharing options...
CTM Posted February 3, 2010 Share Posted February 3, 2010 Precedent is on my side, but why let that ruin your cheerleading No cheerleading here, just trying to spare you (and doggin) the effort of him trying to help you understand why you are wrong Link to comment Share on other sites More sharing options...
CTM Posted February 3, 2010 Share Posted February 3, 2010 Doggin you have no idea how much Disney porn is out there, the Princess from Aladdin has a great set of **** and Little Mermaid is a fuzzy bumper. alright.. now I'm intrigued.. lol Link to comment Share on other sites More sharing options...
StillerPaul Posted February 3, 2010 Share Posted February 3, 2010 I have no ****ing idea but I'd definitely read it. :rl: Link to comment Share on other sites More sharing options...
RutgersJetFan Posted February 4, 2010 Share Posted February 4, 2010 What, in your head, does "parody" mean? It's in the car, but I'm fairly certain my copy of Black's cites The Life of Brian right in it's definition. Link to comment Share on other sites More sharing options...
Larz Posted February 4, 2010 Share Posted February 4, 2010 what if we all just make our own ? fight the power ! Link to comment Share on other sites More sharing options...
Scott Dierking Posted February 4, 2010 Share Posted February 4, 2010 What, in your head, does "parody" mean? Comic intent of twisting or distorting the truth. Link to comment Share on other sites More sharing options...
GREENBEAN Posted February 4, 2010 Share Posted February 4, 2010 Id buy one too man Link to comment Share on other sites More sharing options...
Vicious89x Posted February 4, 2010 Share Posted February 4, 2010 How? Lets look at this another way. My dad is a Big and Tall Menswear store owner. If he took out a full page ad in the New York Post with the name of his company, and a photo of Shaq, don't you think he'd get sued, and lose? How is this any different? But he wouldn't get sued. Cause it's not a Big, tall AND BLACK store. So haha! It's parody! Link to comment Share on other sites More sharing options...
joebabyny Posted February 4, 2010 Author Share Posted February 4, 2010 Lol at all this legal talk. I will have the shirt on tailgatejoe in about 2-3 hours to order. $2 of every shirt goes to the charity I raise money for, the leukemia and lymphoma society. I am a hodgkins survivor. The balance goes toward a new tailgatejoe grill for next season's tailgate party. So buy a few and give as gifts, they'll make great opening day 2010 shirts!! $15 for l-xl $16 for 2x $17 for 3-4x Link to comment Share on other sites More sharing options...
visajets Posted February 4, 2010 Share Posted February 4, 2010 Free shipping-------- Link to comment Share on other sites More sharing options...
The Crusher Posted February 4, 2010 Share Posted February 4, 2010 Precedent is on my side, but why let that ruin your cheerleading Obama post here? Link to comment Share on other sites More sharing options...
The Crusher Posted February 4, 2010 Share Posted February 4, 2010 Lol at all this legal talk. I will have the shirt on tailgatejoe in about 2-3 hours to order. $2 of every shirt goes to the charity I raise money for, the leukemia and lymphoma society. I am a hodgkins survivor. The balance goes toward a new tailgatejoe grill for next season's tailgate party. So buy a few and give as gifts, they'll make great opening day 2010 shirts!! $15 for l-xl $16 for 2x $17 for 3-4x Sucks being fat. Link to comment Share on other sites More sharing options...
joebabyny Posted February 4, 2010 Author Share Posted February 4, 2010 Sucks being fat. Costs me 1.50 per x over xl!! Link to comment Share on other sites More sharing options...
joebabyny Posted February 4, 2010 Author Share Posted February 4, 2010 Free shipping-------- I'll just do one of those flat rate usps deals, like 4-5 bucks shipping anywhere in the us. If anyyone needs it overseas I will work it out with them Link to comment Share on other sites More sharing options...
villain_the_foe Posted February 4, 2010 Share Posted February 4, 2010 Yeah, i love the distressed look with the fades. I made a second option as per the first reply, gonna gauge interest to figure out which to go with. What do you think. And no worries, I will make sure to have 4x both are great. I'd personally take the lettering though. Link to comment Share on other sites More sharing options...
Doggin94it Posted February 4, 2010 Share Posted February 4, 2010 Comic intent of twisting or distorting the truth. Well, there's your problem. That's not the legal definition. Parody needs to say something about the underlying subject, needs to be critical or insightful or have a point of view arising out of the juxtaposition of elements. Straight up humor isn't parody, no matter how "false" it is Link to comment Share on other sites More sharing options...
GreenGoblin Posted February 4, 2010 Share Posted February 4, 2010 A bit more styling, put it on a white shirt with green like a Jets jersey and lay on the full image of Rex saluting those P's-Of-Sh Link to comment Share on other sites More sharing options...
joebabyny Posted February 4, 2010 Author Share Posted February 4, 2010 Ok guys, its up on www.tailgatejoe.com Link to comment Share on other sites More sharing options...
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