Jay Maisel sues Andy Baio for copyright infringement
June 23, 2011 9:52 AM Subscribe
Andy Baio: “Kind of screwed”.
posted by spitefulcrow (302 comments total)
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Baio produced a chiptune
tribute to Miles Davis’ classic album Kind of Blue
. He licensed all of the tracks and assigned all profits directly to the five musicians on the album.
The one thing he didn't do was check about the cover art, a pixelated rendering of the photo on the original album cover. Jay Maisel
, the photographer who shot the photo in question, sued Baio for $150,000 per download plus $25,000 for DMCA violations. Baio settled for $32,500, not because he wasn’t convinced he was in the right (this almost certainly qualifies as fair use), but because it was “the least expensive option available”.Gizmodo weighs in
, pointing out that Maisel owns an entire building
in lower Manhattan estimated to be worth at least $30 million.
Maisel’s Facebook page
is awash in comments decrying the action and accusing Maisel of reinforcing the chilling effects
of copyright law.