Lebron Sued by Steve Mitchell For posting a photo of himself on IG

Is this fair or foul?

  • Yes

    Votes: 14 42.4%
  • No

    Votes: 19 57.6%

  • Total voters
    33

Damnshow

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this is that fucc boi shyt 101. Suing for the most random things ever and hoping this time it works. He broke the LAW, he used MY PICTURE. End of the world :russ:
 

Majestyx

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I work in the field, so unfortunately, the photographer is "right" in terms of his intellectual property rights. Took me awhile to learn some years ago, but the production & media field is super locked in with rules and legal regulations, that don't care if you're Lebron or complaining on a message board.

Here is what it is:

Most photographers or anyone are excited to do anything, especially for a rapper or athlete, plus they just pick up cameras, get paid, and shoot.

Real photographers, and likely this guy, eat off the initial gig, but eat for life off of the photos, and yes, they own the photos, unless they signed their rights away, which real photographers almost NEVER do, unless you pay a very large sum.

The reason media is lucrative (music, photos, sounds, etc.) is because you get paid to create that "art".

Now, if you want to use my photo on your website because it's awesome, you have to pay a fee. It's a licensing fee, and it last for as long as you set it up to be - but once it's over (unless lifetime), you can't keep using that image. Also, if you want to use my music/photo/etc in a magazine, it's another fee. Social media, another. A commercial, a movie, a ad, all fees.

Now you can see how iconic photos (and music, etc) set a photographer up for life, and it's only fair.

Also, you have some photographers/musicians etc that are super serious about their craft, and don't really care who you are, they are more in the craft then the business of celebrity. LBJ probably got that photo sent to him or shared, and he posted, as he always would.

The photog probably is wondering how he got the photo, and now, since LBJ posted it, he can no longer license it, because the world has it and will do as they will with it - the value has went down.

So, he is using the LBJ brand/business/LLC (not LBJ himself likely, since major artists and athlete brands are businesses) for IP lost earnings.

Like I said, maybe I wouldn't have done that, but I def know people and work with people that would, because they can eat elsewhere. This dude may not be just an NBA photog, and only cares about his art and earnings.

Just a learning lesson. And if, like someone said above, LBJ cut out the watermark or name, I can see some of my media people not going for that.

Also here is a lesson that may hard for the general public to understand:

Just because someone takes a photo of you, or interview or audio or whatever, does not mean that you own it. You have no legal rights to it, unless it was taken without your permission under secrecy. This does not go for athletes and entertainers in their job setting, politicians, etc. You can't do an interview, not like how you are portrayed, and demand it to come off the internet, for example - that company owns the rights, not you.
this is all facts.

dude will most likely settle out of court and continue to shoot NBA games :manny:

when i learned about licencing fees last year is was like :ohhh:
had to step my contract game up.
 
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producingfire

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this is all facts.

dude will most likely settle out of court and continue to shoot NBA games :manny:

when i learned about licencing fees last year is was like :ohhh:
had to step my contract game up.
Is it worth a career though, and will 150k keep the person satisfied indefinitely. People burn bridges on things like this. some battles aren't worth fighting, some are, a person just has to pick the ones that are right for them to fight.
 

Sadbrownsfan

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Burn all your bridges to get stomped out legally by one of the most powerful athletes and a multi billion dollar sports league jrehs.

This has me thinking of and actual historical picture like Ali standing over Liston. Imagine how many millions is made of that photo. Stylized mass produced paintings, posters, clothing etc. I imagine very little is actually going to Ali’s estate. I could see whoever took that/his children suing some of those company’s for a piece of the pie but this is ridiculous.

I know showing somebody made financial gain off your shyt isn’t the end all of trademark law but this guy is a clown.
 

Majestyx

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Is it worth a career though, and will 150k keep the person satisfied indefinitely. People burn bridges on things like this. some battles aren't worth fighting, some are, a person just has to pick the ones that are right for them to fight.
he'll probably continue to shoot NBA games my guy. after reading some articles, dude has case. If i remember correctly, there are certain pics the nba allows players to post from games. i could be wrong cuz i dont shoot nba shyt and i havent talked to my homie who does in a minute.

nba isnt gonna have beef with dude. this is between LBJ inc. and him. :yeshrug:
 

producingfire

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he'll probably continue to shoot NBA games my guy. after reading some articles, dude has case. If i remember correctly, there are certain pics the nba allows players to post from games. i could be wrong cuz i dont shoot nba shyt and i havent talked to my homie who does in a minute.

nba isnt gonna have beef with dude. this is between LBJ inc. and him. :yeshrug:
I think the NBA owns every photo they shoot, but thats depending upon if he had an agreement with the league in regards to his photos ahead of time. I know if you shoot an image on your smartphone while at a game and post it, you are technically in violation of the terms. Even the photo we take with our phones are automatically copyrighted by the league as far as I understand it.
 

staticshock

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That’s not how copyright laws work you can’t just sue people for posting images on social media. Only way you might have a case if it’s considered deformation of character. But it’s nothing damaging about Lebron posting a picture of myself he found on the internet. The case is frivolous because Lebron isn’t directing profiting off those images. Nothing to do with no fanboy shyt you saying. It’s a pointless case that will get thrown out. Just like Jordan lawsuit from that photographer that sued Nike. He going against NBA and Lebron that’s multibillion dollar entity. If your case is some bullshyt, you end up wasting time and money.
Nike triumphs in Michael Jordan Jumpman logo lawsuit - CNN

Im like 97% sure you're right breh if I remember things correctly from my music business classes in college back in the day..


if you're not making a profit from a picture or song that isnt yours, then you can do what you want with it.
 
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