Kind of Screwed

Andy Baio, who is part of the old-guard Internet gang, got sued for using a pixel-art representation of Jay Maisel’s iconic photo of Miles Davis for his chiptune version of Kind of Blue, aptly named Kind of Bloop. Maisel sued Baio for copyright infringement.

He settled with Maisel by paying him $32,500 and agreeing to stop using the artwork. Baio admits that the only reason he settled wasn’t because he was in the wrong, but because it was the least expensive option of those in front of him.

In February 2010, I was contacted by attorneys representing famed New York photographer Jay Maisel, the photographer who shot the original photo of Miles Davis used for the cover of Kind of Blue.

In their demand letter, they alleged that I was infringing on Maisel’s copyright by using the illustration on the album and elsewhere, as well as using the original cover in a “thank you” video I made for the album’s release. In compensation, they were seeking “either statutory damages up to $150,000 for each infringement at the jury’s discretion and reasonable attorneys fees or actual damages and all profits attributed to the unlicensed use of his photograph, and $25,000 for Digital Millennium Copyright Act (DMCA) violations.”

The entire post is worth reading, simply because Maisel comes off as a fucking prick. Not that Baio wrote negatively about him, it’s just when you factor in that the photographer lives in a 72-room mansion in lower Manhattan, potentially worth $30-$40 million, well what the fuck is $32,500 going to get him from someone where that sum of money is actually crippling. A new espresso maker?

You can help Baio out by buying the album for $5. Alternately, feel free to go to Maisel’s Facebook page and let him know how much of a cunt you think he is.

I love Baio’s final point… where do you draw the line?

Baio better watch out, the final square on the right kind of looks like the Delicious logo, no?

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