The Grid: The Grid: Episode 13 – Joe McNally

Published:

Welcome back to Season 2 of The Grid! Joe McNally joins Scott and Matt in the studio to kick the season off with a heated and highly controversial subject of late – Copyright protection, photographer's rights and the unfair bashing and misconceptions populating the net about Jay Maisel.
Show Homepage
show sponsors

Episode Summary

Welcome back to Season 2 of The Grid! Joe McNally joins Scott and Matt in the studio to kick the season off with a heated and highly controversial subject of late – Copyright protection, photographer's rights and the unfair bashing and misconceptions populating the net about Jay Maisel.
Plus, leave a comment on KelbyTV.com/thegrid to win a copy of Joe McNally's newest DVD.

Links from the show:

Audio-Only version

Download Audio Only
(In order to download this file directly to your computer, right-click (Control-click on Mac) on the Download link and choose the Save As option.)

Show Discussions

post a comment

240

  1. A few minutes associated with my own time configuring it.

  2. Don Posey says:

    Actually uplifting

  3. Now i am quite happy to appear your posting. Thank you a good deal employing this program . writing about forward to make contact with an person

  4. Outstanding advise as usual

  5. Wallace Zak says:

    Great stuff, just great! Some truly superb information and very useful.

  6. This is great news,please share with us the screen shots.

  7. Finally I found amazing content on your site, keep posting like this, Its very helpfull.

  8. Elmira says:

    I can arleady tell that’s gonna be super helpful.

  9. Frank Vlamings says:

    Excellent. This is one of my first views of this presentation. Thank you

  10. Stefan Stevkov says:

    I like the show a lot and whit Joe McNally can get any better.
    Scott since u have been on Cruise vacation what do you think about Cruise Ship Photographers?

  11. Jan says:

    In college art class I remember them mentioning if you make three major changes to someone’s work then you are ok to use their work.

    I believe exactly as McNalley expressed.

  12. Matt says:

    You can’t scrub through the video until it loads to the point you’re looking for?? I left off at 40:00 yesterday and I wanted to return there today but it won’t let me choose that point until it buffers to that mark. What kind of technology is this!?!?!

  13. Great show, great info, Keep it coming, and Thanks for L@@KING

  14. Stefan W. says:

    Hi,
    again a great show, with some remarkable aspects about who owns the picture or art work.
    And I agree with Joe’s comment. Is a picture of a work of art or architecture different to a picture of a picture? Yes it is, I think, but where is the limit? And who will know it exactly without law studies, at least in semi prof ore even private context.

  15. Konfral says:

    Fantastic show. Keep them coming!

  16. Andre Johnson says:

    Thanks for the info on copyright infringement.

  17. Steve Hyde says:

    Just wondering if there is a particular reason why my comment is still “awaiting moderation” after 36 hours when other comments submitted later have been posted.

    Surely can’t have anything to do with the fact that it was critical can it?

    • Yana says:

      Oh yes, Dave you are so right – hide the cmaares – or just remember that there are lots of designers out here who probably use Photoshop more than photographers do.

  18. Joe says:

    Hi. I noticed my previous comment wasn’t posted and I just wanted to say sorry if my comment came across in the wrong tone — that wasn’t my intention. I’m working on my photography and I too value intellectual property. I wouldn’t want someone ‘ripping off’ my photos. The questions I submitted in my previous comment were simply the result of some questions I’ve been forming during my growth as a photographer. There are trademarks and branding and copyright, etc. For example, today’s blog shows a Cadillac. scottkelby.com features at least one photo of an exotic car, as another example. These are just things I wonder about because I want to be a good photographer and want to understand our rights as photographers, and thought these questions are appropriate based on the subject matter of this episode of The Grid. Thanks for all you do. :-)

  19. Cindy L says:

    UUGGHHH – Wednesdays will rarely work… I guess I am watching re runs ..glad to see you back! 35k ..wow ..that shd stop people from stealing pics …I hope ;) Love Joe .. great show!! Wish I were going to Clgry ..

  20. Tim says:

    There are a couple of issues with your copyright piece:
    1. Thomas Hawk was not in college with the guy that did the artwork.
    2. The issue was not that Jay should not sue because he is perceived to be rich, but that under the current legal system Andy was unable to afford to defend himself.

    Ideally this issue would have gone to court – both sides points would have been debated and decision based on law and past principle would have been made.

    However Andy was not able to risk doing this without bankrupting himself so had no choice but to settle. Is that fair?

  21. kc says:

    Great show, I’m curious on what you think about the statute of limitations on copyright being 3 years. I know of some individuals that have capitalized on the fact that they don’t believe the copyright holder will find out about the infringement in the time allowed by law. As photographers we can’t see everything all the time so how do we battle an infringement that happened 3-4 years ago in another state?

  22. Shaun S. says:

    I wish that you could have showed Jay’s original image and the infringing image as an example of what not to do.

  23. Patrick says:

    DVD to me.

  24. Bruce says:

    Great show. From the photography forum posts I’ve read many photographers don’t understand their rights under the current laws.

    One mistake you made in the presentation is presenting this as David vs. Goliath. Baio founded and sold upcoming.org to Yahoo! for millions.

    And Baio has ignored a cease and desist order in the past: http://waxy.org/2006/03/litigation_cosb/

    Jeremy Nicholl has put together a great blog post that talks about many things that were missing from the original posts about Baio, Hawk, and others.

    http://www.jeremynicholl.com/blog/2011/07/04/how-stockbroker-andrew-peterson-aka-thomas-hawk-smeared-photographer-jay-maisel-in-andy-baio-copyright-row/

  25. peace gaddis says:

    glad your back

  26. Ron Blair says:

    Great information guys.

  27. Will Howard says:

    OH NO…just heard Larry Becker saying that the new time for The Grid is Wednesdays at 4:00pm…

    Unfortunately you couldn’t have picked a worse day/time for me!!! We all know these shows are supposed to revolve around MY schedule! :-)

    I can catch the replays, but I prefer seeing it live to participate in the conversations….ah well…C’est le vie…

  28. Never watched the Grid before today, but I’ll definitely be watching again. Great show.

  29. Steve says:

    This episode was TOTALLY amazing. I love Joe, Scott & Matt, and the discussion of copyright issues. Please let me win Joe’s DVDs. I want to see then SO bad, but I’m super poor. Well, even if I don’t win, I’m going to save up for them and not try to download a pirated copy. Thanks, team Kelby! #Pointy #Choppy

  30. Marko says:

    Hi guys! That was nice one again, but I have to join Jono’s comment and ask for at least two topics at one show. All my love to Nancy!

  31. john thomas says:

    i’d be nervous too if Joe showed up for one of my presentations.

  32. Steve Hyde says:

    Hi Scott, Matt and Joe,

    I’m long time fans of all of you, have books and DVDs from each of you and am a regular reader of your blogs, as well as being a subscriber to Kelby Training.

    I’m not normally taken to writing like this but I felt compelled to after your broadcast about the ‘Jay Maisel Affair’. I’m neither a legal nor a copyright expert so I can’t really comment on the legal aspects of this case but I thought it was unfortunate the way you chose to tackle it.

    I, too, read a number of the blog posts on this and agree with you that it was bad journalism and irrelevant to complain that it was wrong of Maisel to sue on the basis of being rich. Many of the posts were also factually incorrect. But you too were incorrect in certain respects including the fact that Andy Baio (who you didn’t mention by name) is NOT a photographer but a blogger, author and technologist. You initially stated that Baio produced Kind of Bloop for charity. He did not. The way Scottt originally said that Andy settled out of court made no reference to the fact that he did so despite being told by his legal counsel that pixel art was ‘”fair use” but that settling was the “least expensive option available.” It made it sound as if Baio had accepted breaching Maisel’s copyright. You spent a lot of time making sweeping statements about copyright law, making a mockery of the situation with fat cigars and asking, for instance, what would Joe do if someone took one of his 9/11 polaroids off his blog and then reused it. But that’s not what Baio did.

    I would venture to suggest that your response was no better than Thomas Hawk’s. For me, the podcast came across as badly informed and a knee-jerk reaction to Thomas Hawk’s blog post. It’s a shame you didn’t pay more attention to Baio’s own blog post. I think you missed a great opportunity to discuss a serious topic on what is or isn’t transformative or derivative work. Baio’s blog post is a reasoned and intelligent discussion of this, not a flame about Jay Maisel.

  33. Chris Hagle says:

    best show yet! I think the switch to Wednesday would be much better than the Tuesday! I would actually be able to watch it live then!

  34. Bob says:

    Its a shame Scott Kelby babbled for over 24 minutes before getting to any substance. Drop the cigar and cut the attempted comic relief – get to business. Some of don’t have the time (or desire) to watch Kelby’s over-caffinated monologue.

  35. Joe says:

    the real question is: what about the object(s) within a photograph? If a photographer takes a photo of a building and sells it, what about the architect? the manufacturer of the window? the maker of the bricks? the bricklayer who formed the pattern? the painter or designer who colored the building? etc. etc. etc. can all these people sue the photographer for violating their intellectual property? what about photos of food? does the photographer get permission from the plate designer/manufacture, the glass/cup manufacturer/designer? the cutlery manufacturer/designer? the maker/designer of the table, the chairs, the window in the background, the curtains and the designs on the curtains in the background? the architect of the kitchen, etc. etc.?

  36. MG Adams says:

    Well done…Joe played wall flower very well ;-)

    Thanks guys

  37. Uwe says:

    Great show as always.
    Uwe

Leave a Reply