My understanding of the argument is that someone, or some entity, with a certain amount of money should not sue a significantly smaller person for another amount of money that would cause a hardship on the smaller person.
Is there a point at which those values of money make it acceptable to take some one else's work, alter it, and re-sell it? If Maisel had settled for $10,000 would we be having this issue? What about $1000? Nothing at all?
Litigation is unfairly tilted towards those with money. Fortunately for Jay he has some. He obviously felt that Kind of Bloop's cover unfairly used his art, so he sued. I am assuming that the settlement will cover _his_ legal costs. My wild-ass guess is that $32.5K would be about right to cover filing, and negotiating a settlement with a good NY attorney.
So, if an artist feels that their work was ripped off (whether or not that is ACTUALLY the case), and they have the means to do so, do they not have the right seek litigation against the offender?
It's not an argument, I'm just stating that it's not surprising to see push back when a wealthy person or organization goes after someone who's not wealthy.
Regardless of the merit (I believe it's fair use), Maisel was not harmed by this remixed album. Purely sending a cease and desist would have done the trick, there's no reason to try and squeeze cash out of it. That's why I think he comes out looking like a dick.
Is there a point at which those values of money make it acceptable to take some one else's work, alter it, and re-sell it? If Maisel had settled for $10,000 would we be having this issue? What about $1000? Nothing at all?
Litigation is unfairly tilted towards those with money. Fortunately for Jay he has some. He obviously felt that Kind of Bloop's cover unfairly used his art, so he sued. I am assuming that the settlement will cover _his_ legal costs. My wild-ass guess is that $32.5K would be about right to cover filing, and negotiating a settlement with a good NY attorney.
So, if an artist feels that their work was ripped off (whether or not that is ACTUALLY the case), and they have the means to do so, do they not have the right seek litigation against the offender?