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Astronaut Sues Dido For Album Cover

An anonymous reader writes "Astronaut Bruce McCandless is suing Dido for her album cover that uses a famous NASA photograph of a tiny, tiny, tiny McCandless floating in space. McCandless doesn't own the copyright on the photo, so he's claiming it's a violation of his publicity rights ... except that he's so tiny in the photo, it's not like anyone's going to recognize him."

44 of 264 comments (clear)

  1. Broken News... by LostCluster · · Score: 3, Funny

    A NASA astronaut you've never heard of is suing a signer you've never heard of. We've launched investigations into both of these people and will try to explain who they are. Your Late Local News is next.

    1. Re:Broken News... by Anonymous Coward · · Score: 2, Interesting

      a signer you've never heard of

      You've seriously never heard of Dido? That's like never hearing of Scotch tape or underpants. You'd have to be feral to pull that off.

    2. Re:Broken News... by TheoMurpse · · Score: 5, Informative

      "a singer you've never heard of"
      You've gotta be trolling. 21 million copies sold of her debut album, MTV Music awards, BRIT awards, Grammy nominated, #98 best selling of the 21st century, duet with Eminem, music featured in a big movie, song the opening theme of a US TV show, haircut named after her, sold-out world tours...

      I mean, I can only name like three or four of her songs from the early 2000s, but "a singer you've never heard of"?! Come on!

    3. Re:Broken News... by theskipper · · Score: 2, Interesting

      In fairness, the singer's music may be familiar but not the name. That happens a lot.

      In this case I'm in the same boat as the gp. Never heard of this singer (or even how to pronounce her name) but that's because I haven't watched MTV in a very long time.

    4. Re:Broken News... by quickOnTheUptake · · Score: 3, Insightful

      even how to pronounce her name

      Just like the first queen of Carthage.

      --
      Mod points: Guaranteed to remove your sense of humor.
      Side effects may include gullibility and temporary retardation
    5. Re:Broken News... by danny_lehman · · Score: 3, Insightful

      thats the hipster / avant garde / indie in you speaking. now be a bit less objectively ignorant.

      decent music can be decent music. plain. simple.

      not everything pop-culture-radio-jocks squeeze out is shit.

    6. Re:Broken News... by LostCluster · · Score: 4, Interesting

      The "duet with Eminem" was actually a illegal use of parts of her song "Thank You" by the rapper. Then when it was explained how much cash she could make and how good it'd be for her, she agreed to sanction it and perform with him.

    7. Re:Broken News... by mjwx · · Score: 2, Funny

      I mean, I can only name like three or four of her songs from the early 2000s, but "a singer you've never heard of"?! Come on!

      If you've ever heard any of her caterwauling you'd understand why many people actively try to forget who Dido is.

      Further more if I were in any way, directly or indirectly able to be linked to Dido, I'd be suing like the dickens to try to sever that connection too.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    8. Re:Broken News... by treeves · · Score: 3, Informative

      Yeah, I love that part when she sings her lament "When I am laid in earth", after Aeneas, following the Sorceress' evil scheme, sails from Carthage in the opera by Henry Purcell. Very moving music. Everyone should know that.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    9. Re:Broken News... by clickety6 · · Score: 3, Funny

      It was a typo. He meant to write "a singer you wish you'd never heard"

      --
      ----------------------------------- My Other Sig Is Hilarious -----------------------------------
    10. Re:Broken News... by Vectormatic · · Score: 2, Informative

      Who the fuck is Eminem?

      Cantankerous old coot since 1957.

      A modern day "vanilla ice" or "Marky mark", if you will..

      --
      People, what a bunch of bastards
    11. Re:Broken News... by Kreigaffe · · Score: 2, Informative

      Are you forgetting that Robby Van Winkle also ventured into movies? Not just bit parts, either! Haven't you ever seen Cool As Ice?

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    12. Re:Broken News... by EdZ · · Score: 2, Insightful

      Could be a regional thing? Here in the UK, the Generic Tape Brand is Sellotape, not Scotch tape. If you asked someone here for some Scotch tape, they'd probably just wonder why you'd want to import your Sellotape from up north.

    13. Re:Broken News... by babblefrog · · Score: 4, Funny

      They play music on MTV? When did this start?

    14. Re:Broken News... by mcgrew · · Score: 3, Informative

      Who the fuck is Eminem?

      Some guy that "sings" without, somehow, using any notes. You know when you're asleep at 3:00AM and there's a BOOM! BOOM! BOOM! with your windows rattling and the sound of a car trunk vibrating from all the bass waking you up? That's some crackhead/methhead listening to him, or one of the thousand talentless hacks just like him, that the RIAA labels have convinced gullible young people is somehow "music".

      You've been an old coot since 1957? How old were you then, 50?

      My generation's music was reefer music (Zeppelin, Floyd, ZZ Top, Aerosmith, Van Halen), today's music is crack cocaine music.

      You want me to get all these damned kids off your lawn, lady?

    15. Re:Broken News... by gstoddart · · Score: 2, Insightful

      You've seriously never heard of Dido? That's like never hearing of Scotch tape or underpants. You'd have to be feral to pull that off.

      Wow. I may actually be feral and didn't realize it. :-P

      Of course, I've studiously avoided any form of music radio for over a decade now. Some of us simply don't care about your pop icons.

      (Now, I might have actually inadvertently heard her stuff and might even recognize it, but I got nothing on the name.)

      --
      Lost at C:>. Found at C.
  2. Of Course by longacre · · Score: 3, Funny

    If there were a picture of you under a word closely resembling "Dildo" you'd be upset, too.

  3. That's why he's suing,so people will know it's him by noidentity · · Score: 5, Funny

    except that he's so tiny in the photo, it's not like anyone's going to recognize him.

    By suing, everyone will know it's him, regardless of how tiny he is in the picture, thus giving him grounds to sue. So if he doesn't sue, he has no grounds to sue, therefore he must sue!

  4. Probably won't get the first claim at least by cappp · · Score: 5, Informative
    Well it seems he'd lose under his claim to Statutory Right of Publicity

    (a)Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.

    (1)A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.

    That being said, the entire area of Right of Privacy law is fascinating. I was reading through this website and there's some really good meat there for discussion.

    1. Re:Probably won't get the first claim at least by JasterBobaMereel · · Score: 5, Insightful

      It's a picture of a spacesuit .... McCandless happened to be the occupant but it is impossible to tell that from the photo ....

      If I take a picture of a 747 can all the occupants sue me?

      --
      Puteulanus fenestra mortis
  5. Re:That's why he's suing,so people will know it's by MichaelSmith · · Score: 3, Interesting

    except that he's so tiny in the photo, it's not like anyone's going to recognize him.

    By suing, everyone will know it's him, regardless of how tiny he is in the picture, thus giving him grounds to sue. So if he doesn't sue, he has no grounds to sue, therefore he must sue!

    I am familiar with the picture but I didn't know it was McCandless. Given that he actually got paid to do something which I will never be able to pay to be able to do, I don't have a lot of sympathy for him.

  6. Space trolls!!! by syousef · · Score: 4, Funny

    Traditionally trolls have lived under bridges, but it appears that they've infiltrated NASA and are now making their way into outer space!!!

    BE....WARE.....OF....SPACE....TROLLS

    (especially if you're a recording artist)

    You have been warned. We will now return you to your regularly scheduled IP rights battle.

    --
    These posts express my own personal views, not those of my employer
  7. Re:That's why he's suing,so people will know it's by nacturation · · Score: 5, Funny

    By suing, everyone will know it's him, regardless of how tiny he is in the picture, thus giving him grounds to sue. So if he doesn't sue, he has no grounds to sue, therefore he must sue!

    And what we can't see in the photo is that under the space suit, it's really Chewbacca. Which makes no sense.

    --
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  8. In Other News... by Anonymous Coward · · Score: 3, Interesting

    We know the submitter of this post is from a marketing agency by the blatant attempts made (several times in a short amount of text) to lead the reader to a conclusion.

    We also know Slashdot has utterly sold out, as the said marking drone somehow circumvented the tradition of being called an anonymous coward: "An anonymous reader writes".

    1. Re:In Other News... by Ponyegg · · Score: 2, Informative

      http://www.worldofstock.com/closeups/SES1206.php "If a NASA image includes an identifiable person, using the image for commercial purposes may infringe that person's right of privacy or publicity, and permission should be obtained from the person." I think the point being'identifiable person'... peviously little heard of astronaut in full space suit takin up 1% of screen... hardly identifiable, but no doubt there's some slavering lawyer willing to take this crap on.

    2. Re:In Other News... by meloneg · · Score: 2, Interesting

      Considering the unique nature of the photograph in question and the *very* limited number of people who could be in such a photograph, it is pretty easy to argue that the subject is identifiable. Obviously, he was able to identify himself after all.

      This isn't a case of "Hey, that's my elbow! Right there! Between the column and the giraffe's neck. Can't you see it?"

    3. Re:In Other News... by RDW · · Score: 2, Interesting

      The filing claims exactly that - this was an iconic event (with the images appearing in various popular media), and it could be no other astronaut. Supposedly he's indentifiable from the insignia on his suit and by his equipment (at least in the source image - Sony might try to claim this doesn't apply to the CD cover). Perhaps more damningly, his lawyers also claim the cover image picture credits on 'one or more' versions of the album actually identify him by name.

  9. Call me cynical, by PiAndWhippedCream · · Score: 2, Insightful

    I suspect that Dido has cut a check to McCandless. This is great, and probably cheap publicity.

  10. That's McCandless? by phlegmofdiscontent · · Score: 3, Funny

    I could have sworn that was Buzz Aldrin....

  11. Dear Bruce McCandless by tool462 · · Score: 5, Funny

    I want to thank you
    For giving me the best day of my life.

    Sincerely,
    Dido

    1. Re:Dear Bruce McCandless by Volante3192 · · Score: 4, Funny

      I won't go down with this ship
      And I won't put my hands up and surrender
      There will be no white flag above my lawyer
      I'm in court and always will be...

    2. Re:Dear Bruce McCandless by syousef · · Score: 2, Funny

      But if my life is for rent and I don't learn to buy
      Well I deserve nothing more than I get
      Cos nothing I have is truly mine

      --
      These posts express my own personal views, not those of my employer
  12. Re:Number of people who knew who it was in the sui by Tumbleweed · · Score: 2, Informative

    Number of people who now know Bruce McCandless is an asshole: everyone who reads this story. If he wins the lawsuit, he'll still be an asshole.

  13. I'm suing too... by Anonymous Coward · · Score: 5, Funny

    If you look down at the Earth just below and right of McCandless, you can see me looking up shouting at him to get out of my sky.

  14. Re:Please correct me if I'm wrong... by beav007 · · Score: 2, Informative

    I believe that Bruce McCandless is arguing that Dido is using his image to promote her album (like an endorsement). It would be like Pepsi taking a picture of Tom Cruise on the street and putting his picture in their advertisements.

    I believe that the laws in the USA confer the right of the famous to control the use of their likeness in publicity for things that are not related to them or what they do, meaning that companies have to have a contract with the person before any endorsement or advertising can occur.

  15. Re:That's why he's suing,so people will know it's by multisync · · Score: 4, Interesting

    Dammit where is my like button.. oh wait....

    No, you're right on the money. I was looking for one earlier when I read this comment.

    I think adding something along the lines of FB's "Like" button could salvage Slashdot's next-to-useless moderation system. You could tie it in with the existing relationship system. Maybe I see comments my friends or (optionally) friends of friends "liked" highlighted, while comments they disliked are buried. Failing that, let me choose to not see moderations by particular users. That could be done without necessarily identifying the moderator.

    Of course it would be optional, and I would probably still browse at a low threshold, but it would offer a more refined experience for those who want it without the abuse the current system suffers.

    --
    I don't care why you're posting AC
  16. Re:That's why he's suing,so people will know it's by MichaelKristopeit+27 · · Score: 2, Funny

    the american justice system... score: 5 "funny because it's true"

  17. Re:That's why he's suing,so people will know it's by houghi · · Score: 3, Insightful

    Perhaps it is a plot from the record industry to get people to download the cover, so they can sue everybody who saw it and not only the bittorrent people. That way they can eliminate this pesky thing called Internet that screw over their business plan.

    You might think it would be legal to see the picture and have it in your cache, but you also might think it is legal to have a copy of work you bought. They have the money, they make the rules.

    --
    Don't fight for your country, if your country does not fight for you.
  18. I'm sueing as well... by agw · · Score: 2, Insightful

    It's a bit hard to see and I'm hardly recognizable, but I'm somewhere down in the ocean on the deck of a ship.

  19. Pay back? by Richard+W.M.+Jones · · Score: 4, Insightful

    Maybe he should pay back all the US tax dollars it cost to get him there in the first place? Then we can talk about publicity rights ...

    Rich.

  20. Re:Coming next by Pop69 · · Score: 2, Informative

    Just wait until the ancient Carthaginians get in on the act and start suing for people misusing their founders name.....

  21. In Soviet Russia ... by sseaman · · Score: 4, Funny

    Wait, you guys are siding with a RECORD COMPANY over an ASTRONAUT?

    And the record company is SONY?

    Is this opposite day?

  22. From nasa.gov by gsmalleus · · Score: 3, Informative
    This is off of NASA's website:

    As a government entity, NASA does not license the use of NASA materials or sign licensing agreements. The agency generally has no objection to the reproduction and use of these materials (audio transmissions and recordings; video transmissions and recording; or still and motion picture photography), subject to the following conditions:
    ...

    • NASA material is not protected by copyright unless noted. If copyrighted, permission should be obtained from the copyright owner prior to use. If not copyrighted, NASA material may be reproduced and distributed without further permission from NASA.
    • If a recognizable person, or talent (e.g., an astronaut or a noted personality engaged to narrate a film) appears in NASA material, use for commercial purposes may infringe a right of privacy or publicity. Therefore, permission should be obtained from the recognizable person or talent. If the proposed use of the NASA material could be viewed as a commercial exploitation of that person. However, if the intended use of NASA material is primarily for communicative purposes, i.e., books, newspapers, and magazines reporting facts of historical significance (constitutionally protected media uses), then such uses will generally be considered not to infringe such personal rights.

    ...

    I don't know if the particular image is copyrighted, but clearly the person in photo is not recognizable. You could put any person in that space suit for that photo and not tell the difference.

  23. Houston, The Legal has Landed by Tablizer · · Score: 2, Insightful

    That's(TM) One(TM) Small(TM) Step(TM) For(TM) Man(TM)....