The company behind Trump Watches prominently features an iconic image of the presidential candidate on its timepieces. There’s one big problem: It’s not allowed to.
…
According to the Associated Press, though, TheBestWatchesonEarth LLC advertised a product it can’t deliver, as that image is owned by the 178-year-old news agency. This week, the AP told WIRED it is pursuing a cease and desist against the LLC, which is registered in Sheridan, Wyoming. (The company did not reply to a request for comment about the cease and desist letter.)
Evan Vucci, the AP’s Pulitzer Prize–winning chief photographer, took that photograph, and while he told WIRED he does not own the rights to that image, the AP confirmed earlier this month in an email to WIRED that it is filing the written notice. “AP is proud of Evan Vucci’s photo and recognizes its impact,” wrote AP spokesperson Nicole Meir. “We reserve our rights to this powerful image, as we do with all AP journalism, and continue to license it for editorial use only.”
Sure, creative works should be protected. But not all works are creative enough to be protected. I disagree a photograph like this should have any protection. If the photographer put in their creativity or something else to create it then sure. Then it should be protected. This photo was taken on public event of people and stuff out of the photographers influence and IMO shouldn’t be protected
The creativity is in how the photo was shot; the camera settings, framing, when the photographer chose to take the photo, etc. To say that anyone could have taken this exact photo is both incorrect and doesn’t matter. Anyone could have written any book, play, or script but they didn’t. Anyone could have painted pretty much any particular painting, but they didn’t. I don’t disagree that many aspects of US copyright law are ridiculous, but to say there’s no artistic vision in taking a photograph like this is ignorant.
I agree. It would be like a composer who couldn’t play an instrument writing a symphony. Just because he doesn’t have the capability to produce the final outcome doesn’t mean his vision for how the various pieces fit together isn’t an artistry in itself.
That is a very powerful image, moreso than many of the other images I’ve seen of that event. It certainly isn’t because of the people in it, but the timing to capture that gesture and the overall framing add something that is lacking in other pictures I’ve seen. No doubt that is the reason they selected it. Now they will have to use a lesser option.
I think the other comment covered it but I believe this demonstrates a fundamental misunderstanding of what makes photography such an amazing artform. People study and practice, for a long time, to take photos like this. This isn’t a cell phone pointed in the general direction of a subject with conveniently optimal lighting for its tiny lens, though that could produce a good picture, this takes a great deal more experience, preparation, and creativity to frame and capture the subject in a certain way with extraordinary timing to get a dynamic, emotion-filled result.