Today, however, all three inveighed against photographer Jay Maisel. The reason is set forth in writer Andy Baio's blog piece, "Kind of Screwed," in which Baio explains how he was threatened with a lawsuit by Maisel's attorneys for violating Maisel's copyright on the photo used for the cover of Miles Davis' well-known album Kind of Blue.
After seven months of legal wrangling, we reached a settlement. Last September, I paid Maisel a sum of $32,500 and I'm unable to use the artwork again. (On the plus side, if you have a copy, it's now a collector's item!) I'm not exactly thrilled with this outcome, but I'm relieved it's over.Gruber:
But this is important: the fact that I settled is not an admission of guilt. My lawyers and I firmly believe that the pixel art is "fair use" and Maisel and his counsel firmly disagree. I settled for one reason: this was the least expensive option available.
What a dick this Maisel guy is.Kottke:
Unfortunately, Baio's post does nothing to dissuade me that Maisel is a joyless putz.And Arment:
He got screwed by dick Jay Maisel, the insanely rich photographer of the original album’s cover art.The Facebook page to which Gruber linked is full of (relatively low-key) invective. It's a pity that Maisel is almost certainly unaware of the page because amid the name-calling posts there are plenty that would prick his conscience, assuming he has one. Take this thoughtful slam by "Nikki Thompson":
Jay, I have always held deep respect for you and your work but greed and abuse of the legal system are not respectable characteristics. I have lost an art hero and Andy Baio has lost his kid's college fund. You are a sad old man.Maisel might well feel his work was misappropriated, but there were far less heavyhanded ways he could have made his point and preserved his rights. Civility, decorum, and restraint don't matter legally, but an artist should be concerned for his reputation, too. Maisel's, as far as I am concerned, is shot.
Oh, I think we can find far, far, far less acceptable faces for capitalism's flaws. In light of the mortgage mess that crippled the global economy, Maisel's greed is merely venial.
ReplyDeleteMaisel has, probably, more money than Baio. However, Baio has sold at least one company and has held high positions at several well-capitalized startups. This is not "David v. Goliath."
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