#41

That Bald Guy with the Big Beard
Bishop, CA
(04-25-2016, 05:22 PM)Bruce Wrote: momor Because they STOLE his image and are using his likeness to promote a product for their own profit.  You can't use someone's image on your product without permission....it is 100% wrong and even more so now that he is dead.

I can almost guarantee that is not licensed.  If it is, I'll take it all back....but it's not.

http://www.business.com/legal/can-i-use-...city-laws/

Actually, if the image is in the public domain, it has not been stolen.

If it is NOT in the public domain, the only person this artisan is responsible to for using the image is the photographer.

How many suede paintings of Elvis exist? How many photographs of Kurt Cobain and Tupac have been put on t-shirts/mugs/pants/posters? How many images of Bowie or Freddie or Lemmy have been plastered on some inane object for sale after their demise?

This is nothing new, nothing illegal, and certainly nothing worth this level of extreme aggression towards an artisan...

Some of you guys need to read a little bit more about how the law applies to copyrights, trademarks, and iconic images before allowing yourselves to get so bent out of shape over things are truly business as usual...

If you don't like it...don't buy it. But stop accusing artisans of illegal activity when it is absolutely impossible to determine if anyting illegal has been done.

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-Chris~Head Shaver~
#42
(This post was last modified: 04-26-2016, 12:29 AM by brucered.)
OK, not illegal then. I'm not a lawyer. I guess they are allowed to use it.

Unless anyone quotes me or asks me, I won't bother replying any more. I feel it is completely wrong, others don't, life goes on.

But I do hope this soap sucks and is a complete flop for the maker.
#43

Administrator
Philadelphia, PA
(04-26-2016, 12:19 AM)Bruce Wrote:
(04-25-2016, 11:56 PM)andrewjs18 Wrote:
(04-25-2016, 11:53 PM)Bruce Wrote: Not even close Andrew and you know it.

Have you seen Prince's face on any tangible product without his permission? Not me.
I highly doubt every single news outlet has reached out to the Prince camp to see if they can use his images and write about him to make money and drive tons of traffic to their site (most of which run ads).

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Again, you make no sense to me. It seems you are defending him as he is a soap maker and this is a shave forum, so don't want to take a stance on it. Comparing this situation to news outlets, newspapers and other media is a weak argument in my eyes.

If he was on a can of Heinz Baked Beans, how far into production so you think they would get? If wouldn't even make it out of the idea room.
I have no affiliation with whoever runs that store, nor do I ever know who it is. Heck, I can't recall even ever speaking to anyone that runs shaver heaven...

All that said, even though this is a shaving forum and this is shaving soap we're talking about, you can bet any amount of money that you want that anyone talking about Prince who normally wouldn't be is using this opportunity as a pure marketing tactic, whether ethical or not.

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Tu ne cede malis, sed contra audentior ito.
#44

That Bald Guy with the Big Beard
Bishop, CA
(This post was last modified: 04-26-2016, 12:32 AM by BadDad.)
(04-26-2016, 12:21 AM)Bruce Wrote: OK, not illegal then.  I'm not a lawyer.  I guess they are allowed to use it.

Unless anyone quotes me or asks me, I won't bother replying any more.  I feel it is completely wrong, others don't, life goes on.

I'm not a lawyer, but I am a photographer. It works something like this:

Clearly it is a posed image taken in a studio shoot. This means that there is a "model release" on file with the photographer, allowing him to sell the image to anyone willing to pay(or limited per the contract...depends on the wording of the release/contract) for it's commercial use.

This photographer may have given Shaver Heaven permission to use the image. Shaver Heaven may have PAID the hpotographer for permission to use the image in a commercial application.

Either way, the photographer, not the estate, has the copyright and use permissions for that image, the moment Prince or his representative signed the model release form.

It's not about whether or not we, as individuals, agree with this tactic of marketing. It's about NOT ACCUSING PEOPLE OF CRIMINAL ACTIVITY.

You aren't a lawyer. I'm not a lawyer. From the given information available to us, there is no way to determine if a crime was committed. So stop making accusations of criminal activity.

For someone worried about a copy-cat scent ruining an artisans reputation, you sure don't seem too concerned with unfounded accusations and liable against artisans...
-Chris~Head Shaver~
#45
Your right again, thanks for clearing it up.

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#46

Restitutor Orbis
To be honest I'm curious to try it, however I think having his picture like that in my den is a little creepy. I would prefer if they just made a drawing of him or something, not an actual picture. It weirds me out.
#47

Member
Ontario, Canada
(This post was last modified: 04-26-2016, 02:25 AM by dabrock.)
(04-25-2016, 11:56 PM)andrewjs18 Wrote:
(04-25-2016, 11:53 PM)Bruce Wrote:
(04-25-2016, 11:18 PM)andrewjs18 Wrote: do you not think that the media outlet running stories about Prince aren't making money and driving hits to their sites? what, then, is the difference?
Not even close Andrew and you know it.

Have you seen Prince's face on any tangible product without his permission? Not me.
I highly doubt every single news outlet has reached out to the Prince camp to see if they can use his images and write about him to make money and drive tons of traffic to their site (most of which run ads).

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This is fair use of an image by a media outlet covered under your First Amendment and that's not a trivial difference. Not to defend the gossip sites because I have no real respect for TMZ but obviously broadsheets and traditional media have been doing this for hundreds of years as part of their role as the Fifth Estate. I have nothing personal against the soap maker, I think he might be doing it out of true respect and adoration but it's still not something I can personally approve of for my own personal reasons and I think that's were I'll end my part in this discussion.

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David
#48
(This post was last modified: 04-26-2016, 02:31 AM by EFDan.)
(04-25-2016, 11:05 PM)Blagoja Rajevski Wrote:
(04-25-2016, 09:31 PM)hrfdez Wrote: socaldrumbum I'm not giving him the benefit of the doubt, it is clear what is going on.  It is a joke and in poor taste.  But that's my opinion.

You are free to buy it, but please don't give me the "we are family" tag line.  My family is at home.  I know my family, I don't know any of you gents, as far as I know there could be serial killers among us, including me, lol.......
lmao!

(04-25-2016, 11:24 PM)PickledNorthern Wrote:
(04-25-2016, 11:18 PM)andrewjs18 Wrote:
(04-25-2016, 11:15 PM)PickledNorthern Wrote: I don't see an "artist" going out of his way to hurry up and pimp purple shave soap before the dude is even cold.  I could be wrong, just because a guy is an "artist" doesn't mean he cant be exploitive and low class.

do you not think that the media outlet running stories about Prince aren't making money and driving hits to their sites?  what, then, is the difference?

I don't have cable, live too far in the country for rabbit ears to pick up local TV, get my news rather selectively from the net, don't have a landline phone, don't Facebook, Twitter etc...  Literally, my only social media outlet is shaving and fishing forums because I am generally kind of anti-social.  I have enough "moral outrage" to spread around evenly, and am comfortable with my position without worrying that I am a hypocrite.


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I would love to have a beer/drink of choice with these ^^^ two lol.

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#49
(This post was last modified: 04-26-2016, 05:40 AM by lance3114.)
(04-26-2016, 02:31 AM)EFDan Wrote:
(04-25-2016, 11:05 PM)Blagoja Rajevski Wrote:
(04-25-2016, 09:31 PM)hrfdez Wrote: socaldrumbum I'm not giving him the benefit of the doubt, it is clear what is going on.  It is a joke and in poor taste.  But that's my opinion.

You are free to buy it, but please don't give me the "we are family" tag line.  My family is at home.  I know my family, I don't know any of you gents, as far as I know there could be serial killers among us, including me, lol.......
lmao!

(04-25-2016, 11:24 PM)PickledNorthern Wrote:
(04-25-2016, 11:18 PM)andrewjs18 Wrote: do you not think that the media outlet running stories about Prince aren't making money and driving hits to their sites?  what, then, is the difference?

I don't have cable, live too far in the country for rabbit ears to pick up local TV, get my news rather selectively from the net, don't have a landline phone, don't Facebook, Twitter etc...  Literally, my only social media outlet is shaving and fishing forums because I am generally kind of anti-social.  I have enough "moral outrage" to spread around evenly, and am comfortable with my position without worrying that I am a hypocrite.


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I would love to have a beer/drink of choice with these ^^^ two lol.
So hrfdez has two friends now!

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#50
(04-26-2016, 12:21 AM)Bruce Wrote: OK, not illegal then. I'm not a lawyer. I guess they are allowed to use it.

Unless anyone quotes me or asks me, I won't bother replying any more. I feel it is completely wrong, others don't, life goes on.

But I do hope this soap sucks and is a complete flop for the maker.
Why do you care so much about the topic? I am certain there have been worse things done with images of Prince before and after his death. Maybe it's just me, I was not a fan in the first place, but I typically only have emotionally charged opinions on matter about me and my family.

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