Astronaut Sues Dido For Album Cover

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Astronaut Sues Dido For Album Cover

Posted by samzenpus on Wednesday October 6, 2010 @02:40PM from the get-me-off-that-thing dept.

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."

26 of 264 comments (clear)

Broken News... by LostCluster · 2010-10-06 14:42 · 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 TheoMurpse · 2010-10-06 15:26 · 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!
2. Re:Broken News... by quickOnTheUptake · 2010-10-06 16:01 · Score: 3, Insightful
  
  even how to pronounce her name
  Just like the first queen of Carthage.
  
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3. Re:Broken News... by danny_lehman · 2010-10-06 17:47 · 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.
4. Re:Broken News... by LostCluster · 2010-10-06 18:25 · 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.
5. Re:Broken News... by treeves · 2010-10-06 19:27 · 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.
6. Re:Broken News... by clickety6 · 2010-10-06 19:42 · Score: 3, Funny
  
  It was a typo. He meant to write "a singer you wish you'd never heard"
  
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  ----------------------------------- My Other Sig Is Hilarious -----------------------------------
7. Re:Broken News... by babblefrog · 2010-10-07 01:24 · Score: 4, Funny
  
  They play music on MTV? When did this start?
8. Re:Broken News... by mcgrew · 2010-10-07 02:31 · 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?
  
  --
  Free Martian Whores!
Of Course by longacre · 2010-10-06 14:46 · Score: 3, Funny

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

--
Airplane Photos, Airline News, Planespotting Guides
That's why he's suing,so people will know it's him by noidentity · 2010-10-06 14:47 · 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!
Probably won't get the first claim at least by cappp · 2010-10-06 14:50 · 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 · 2010-10-06 19:48 · 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
Re:That's why he's suing,so people will know it's by MichaelSmith · 2010-10-06 14:54 · 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.

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http://michaelsmith.id.au
Space trolls!!! by syousef · 2010-10-06 14:54 · 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
Re:That's why he's suing,so people will know it's by nacturation · 2010-10-06 14:54 · 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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In Other News... by Anonymous Coward · 2010-10-06 15:02 · 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".
That's McCandless? by phlegmofdiscontent · 2010-10-06 15:09 · Score: 3, Funny

I could have sworn that was Buzz Aldrin....
Dear Bruce McCandless by tool462 · 2010-10-06 15:14 · 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 · 2010-10-06 15:19 · 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...
I'm suing too... by Anonymous Coward · 2010-10-06 15:41 · 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.
Re:That's why he's suing,so people will know it's by multisync · 2010-10-06 16:59 · 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.

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I don't care why you're posting AC
Re:That's why he's suing,so people will know it's by houghi · 2010-10-06 19:50 · 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.

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Don't fight for your country, if your country does not fight for you.
Pay back? by Richard+W.M.+Jones · 2010-10-06 21:29 · 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.

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libguestfs - tools for accessing and modifying virtual machine disk images
In Soviet Russia ... by sseaman · 2010-10-07 00:48 · 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?
From nasa.gov by gsmalleus · 2010-10-07 02:34 · 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.