Tuesday, April 8, 2008

Taylor Marsh warns of LAWSUIT in John Brown's future...

Talk radio personality (cue laugh track) Taylor Marsh wants to make sure I don't get in trouble.

She first mentioned it on her massively popular radio show (read: podcast), advising "gnats" and people who've been "plumbing" her bio, like me, might be getting a BIG BILL from the photographer that took the Glamour Shot-style pics that adorn her site.

Those of us who are running "blossoming hate sites and hate diaries" (her words), like John Brown, may be in violation of the photographer's copyright to the pictures.

Those "gnats" who launch "hate attacks" on Ms. Marsh may be cruisin' for a legal bruisin'.

According to a new post at her site, "that they stole copyrighted photos may come back to haunt them, however, because if the photographers find out their agents will indeed pounce."

Holy shit! I hope attorneys don't POUNCE on me!

I'm not that interested in the legal questions here. Though the risk of pouncing lawyers hired by Glamour Shot dudes is slight and the odds against them getting a penny out of John Brown or slim, I am going to remove all actual photos of Taylor Marsh from this site. That should make her happy!

Instead, I want to tell you a story about copyrighted photos...

Once upon a time, there was a right-wing freaky-ass blogger named Debbie Schlussel. One day, a Reagan Democrat blogger named Taylor Marsh wrote a post about this Schlussel character. Debbie got pissed off, because Taylor didn't agree with her. In her pissy fit, Debbie DEMANDED THAT MARSH REMOVE THE COPYRIGHTED IMAGES used to illustrate the post. She THREATENED MARSH WITH A LAWSUIT! What did Taylor Marsh do?

Taylor removed the offending images (and they were offending, ba-da-dum!). She also wrote this response:

I've spoken to my lawyer (my big brother) today, as well as a First Amendment attorney who's familiar with these types of things, thanks to a referral from another progressive. In addition, my brother also spoke to a copyright lawyer. It remains to be seen if bloggers are protected for "fair use" with photos used in reporting stories, because much of what we're seen to do is opinion, criticism and comment. However, as regular readers know, I actually do reporting and have broken stories before. Regardless, the minute I used Ms. Schlussel's picture, well, I've said it all already.

Frankly, the publicity of a lawsuit would be great. As for what Schlussel will get, good luck. But talk about a frivolous lawsuit.

You've got to wonder if Ms. Schlussel is trying to intimidate me, or if she is trying to squelch my right to free speech. I can't know for sure, but the inherent threat of a lawsuit seems to be focused on doing both, however unsuccessfully. Or maybe she thinks I'm stupid? Pity.

Now THAT'S AWESOME! I agree completely!

Hey Taylor, why do you think your photographer's attempts at squeezing dough from ol' John Brown would be successful? Is he gonna pounce on those copyrighted images of you on Google? Just wondering. You sung a very different tune when you were on the other end of this crap, don't you think?

What else did Taylor do? She replaced the photo of Schlussel with a hastily-drawn replacement.

I don't usually agree with Marsh, but this time I think she was on to something.

I've replaced those ultra-valuable copyrighted images that put me at risk of litigation with my own portraits of Taylor Marsh.

I had no choice.

Oh, and I hope Marsh and the Marshans don't take offense. After all, everyone LOVED the idea when Debbie Schlussel threatened litigation. I'm just following the leader...


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31 comments:

  1. I gotta say I'm enjoying the hell out of this. Your blog is the most entertaining thing I've read this week.

    And as someone who used to work on a radio show where we would play stuff before it was released and routinely get in trouble for it, I can tell you the worst a lawyer will threaten you with is a C&D to take the photos down.

    Anyway. Your blog rawks, John From Kansas. I'll be back.

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  3. Shorter Taylor Marsh:

    I'm going to nutpick a crazy-ass comment from Democratic Underground and use a misleading headline and photo of Joe Mac to slam anyone who questions my bought-and-paid-for credentials. BTW, if you use those mirthful publicity photos of me that are all over the web, I'll have my photographers' company threaten you with a lawsuit.

    By the way, nothing said about me is untrue and real journalists buy their way onto the air and self-publish all the time. The fact that no publisher was interested in my book is a sign of legitimacy. Another sign of legitimacy is that, 10 years ago, I once wrote political commentary in a hard-to-find section on a big boobs site.

    My life is an open book, I'm a graduate of the school of hard knocks, and anyone who questions me is just jealous because I get a lot of web traffic in my role as a useful idiot and blogospheric attack dog for the Clinton campaign.

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  4. Your drawing lack a certain... je ne sais quoi? Perhaps some striped stockings, ruby slippers and maybe a previously-in-Kansas house?

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  5. Solid.Fucking.Gold.

    John, I've been a little busy of late, but, good christ, have you been on fire. Your responses to the Marshans in the original Taylor post are things of absolute beauty.

    I actually saw Marsh's rant about your bio (pay dirt!) before I saw this post and I was going to find you a link to her Schlussel tussle. One of the few times I visited Marsh's site before her bout with Obama Derangement Syndrome was when I followed a link to her place regarding her "fight" with Schlussel and I remember thinking, "Man, this silly person's milking this for all it's worth." I don't think I ever returned until this year. Little did I know back then that she'd end up being nearly as dissembling and litigious as Schlussel. Funny how the same person who was so upset about evil Debbie posting Obama's middle name now provides a safe harbor for desperate loons who bark it out like a Tourette's tic.

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  6. Regarding her litigation threat, if the photographers who took those glamour shots (she should really demand a refund for the laughing one) could sue John Brown, then they could sue Marsh unless she has a license to use those images. And if she has a license, she should be able to sue to enforce it herself. So her threat-by-proxy makes no sense. I guess we can add legal analysis to the list of things Taylor Marsh does poorly.

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  7. John, that is fucking amazing. Debbie didn't collect a dime from Taylor, and I don't think you'll need to do anything more than remove her pics from your blog.

    What a brownshirt.

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  8. Now that I've caught up I seem to be a bit late with the offer to be reader 51. What the hell, I like your writing so I linked your Marsh post and Blogrolled you, that should be good for 1-2 more readers.

    You're a bit more profane than I am, but nicer overall. Nobody has ever bothered to offer to sue me, either because I'm too unimportant or I don't get my facts wrong. My photos are either self owned or fully credited so...

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  9. Stranger-

    You're very right. There is little to fear from the photog's agents. The threat of a pounce is worse than the pounce itself.

    That being said, I'm starting to like my own illustrations better anyway.

    Thanks for reading,

    John Brown
    Paint Guru

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  10. WWinfrey-

    "The fact that no publisher was interested in my book is a sign of legitimacy. Another sign of legitimacy is that, 10 years ago, I once wrote political commentary in a hard-to-find section on a big boobs site."

    Ding! Ding! We have a winner!

    John Brown
    Singer Songwriter

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  11. MyCfile-

    I'm currently recruiting an army of midgets to pose for future illustrations. I think you'll like the results!

    John Brown,
    Truck Drivin' Man

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  12. Kevin-

    "Funny how the same person who was so upset about evil Debbie posting Obama's middle name now provides a safe harbor for desperate loons who bark it out like a Tourette's tic."

    Sometimes the best parts of the blogosphere are buried in the comments.

    Good stuff!

    John Brown
    Like a Straight Razor to a Hobo

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  13. Joshua-

    Yeah, I think it's safe to say that Taylor Marsh won't claim to be a legal scholar in her bio.

    Oh wait, that's not true at all. She probably WILL make that claim. It just won't be true.

    I'm no copyright guru, but I did go through a buffet line with Chief Just-Ass Rehnquist several years ago--about the time I was collecting a nifty prize related to legal studies (albeit not in copyright law), I do not fear the pounce.

    But I do love veiled threats. Really. They are funny.

    John Brown
    Don't Read Me because of my Credentials

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  14. Cali Tejano-

    If I could photoshop, I would do something with Marsh the way you did with Johnson. I lack the skills and software, though.

    Thanks for reading--and for your blog's daily dose of stuff with which I can nod along.

    John Brown
    NCAA Tournament Committee

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  15. Chuck-

    My notoriety skyrockets because I lack shame and am willing to draw silly pictures of people who irritate me.

    I'm guessing you're a little past that. My infantile gestures and smarminess are my stock in trade.

    If you'd like, I will find something in your writing with which I disagree and will then threaten a lawsuit.

    It's sort of fun to have crazies threaten to have third party agents pounce on you.

    John Brown
    Self-Help & Fitness Guru

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  16. Dear John,

    My husband introduced me to the Taylor Marsh blog earlier this week, and pointed me to the comments. And then my head exploded.

    A brief google search brought up your TM biography... and cleared up much of what I found perplexing about her appeal.

    Also, I think I am in love with you. Please to continue to enlighten and entertain.

    Cheers,
    Anonymous Redhead

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  17. So she has no right to an opinion about things? Man, how demented are you Obama supporters?

    All the information about Marsh is on her blog. You are just pissed because she has notoriety, and while she has no more credibility than Atrios, Kos, Kevin Drum, and a bazillion other A-list bloggers, she doesn't have any less credibility. You're pissed because she doesn't support a 50-state loser in the General Election.

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  18. Susan, who said Marsh doesn't have the right to spout her ill-informed opinions? Of course she does. This is the internets; even drooling morons like Instapundit have the right to demonstrate their abject ignorance for all to see -- free of charge! God bless America!

    What she doesn't have is the right to freedom from criticism or freedom from exposure of the true nature of her self-inflated credentials. John merely pointed out that her status as an author and radio talk show host is somewhat suspect since she funded the venues herself.

    I could make my dog an author and talk show host via the same methodology, but it wouldn't lend credence to his thoughts on politics. And he would probably be honest enough not to try to bamboozle the gullible by pretending to be a paid author and radio yapper. If he could talk, that is...

    As to why John is pissed, first of all, I don't think he is. As he says himself, he admires Marsh's self-promotion skills. I think he was just curious (as many of us were) about this woman who came out of nowhere pretending like she owns the Democratic Party and is the arbiter of all that is Right and Just.

    However, you sound kinda pissed. Maybe it's because you're dismayed to find your formerly inevitable candidate on the losing end of a primary race rather than a coronation? I dunno.

    Meanwhile, I'll support whichever Democrat wins the race since my top goal is to get the Republican warmongers and fat cat supporters out of office so my country can begin to recover its honor and decency. Spending 24/7 trashing Clinton or Obama is counter-productive to that effort. Someone should maybe clue Marsh in on that.

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  19. Fuckin' crazy, dude. I leave the house for one weekend and you crazy kids had a party.

    Sorry about the threats, dude. This is why I fuckin' hate this political period. Everyone, if they don't get their way, starts threatening everyone else, for a good cause or not. That's the problem with threatening. Everyone does it. Everyone thinks its for a good cause.

    Sorry dude. I'll buy you a beer when I see you and we can rant about Ms. Marsh. She's a human being. She's feeling a little pissed about being called a phony. But it's not cool to threaten lawsuits when you're feeling pissed about something that maybe might have some truth to it.

    Why is it so hard for people to be grown-ups and have honest disagreements and engagement with one another? Because most of us are not really all that grown up, is the truth. Goes for me, too.

    Talk with you later, dude.

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  20. Fuckin' crazy, dude. I leave the house for one weekend and you crazy kids had a party.

    Sorry about the threats, dude. This is why I fuckin' hate this political period. Everyone, if they don't get their way, starts threatening everyone else, for a good cause or not. That's the problem with threatening. Everyone does it. Everyone thinks its for a good cause.

    Sorry dude. I'll buy you a beer when I see you and we can rant about Ms. Marsh. She's a human being. She's feeling a little pissed about being called a phony. But it's not cool to threaten lawsuits when you're feeling pissed about something that maybe might have some truth to it.

    Why is it so hard for people to be grown-ups and have honest disagreements and engagement with one another? Because most of us are not really all that grown up, is the truth. Goes for me, too.

    Talk with you later, dude.

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  21. A hat tip to you sir, Stranger (first comment) sent us here. It was a great expose on TM. Just one question. If you stick your hand in feces once why would you bother to do it repeatedly? If I were TM I'd be sending you royalty checks instead of threatening lawsuits. You have given her more exposure than she could ever hoped for. Don't we have enough fakes around? "Great job Brownie" says Bush. You get my drift.

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  22. Demeur-

    You make a valid point.

    For better or worse, however, I'm tenacious.

    Oh, and I don't really believe in that "all publicity is good publicity" saw.

    We'll see, I guess.

    Thanks for commenting and reading.

    John Brown
    American Hero

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  23. "Hillary-induced soul cancer"

    Way to win friends and influence enemies there buddy.


    Buzzcook

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  24. Buzz-

    Hillary causes soul cancer.

    Will you be my friend?

    With all due respect,

    John Brown
    Dale Carnegie Trainee

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  25. Maybe after the chemo

    Buzzcook

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  26. buzz-

    I wish you the best in fighting Hillary-induced soul cancer.

    Stop by here for regular doses of alternative treatments.

    I hope you'll get better. Maybe then we can take in a ballgame together.

    Your buddy,

    John Brown
    Herbal Healer

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  27. Marsh-cum-Schlussel is such an apt analogy for Hillary-cum-RightWing attack machine. It's called reproducing oppressive power.

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  28. dagnabitlapine-

    Oppressive power? Not sure about that.

    In aid of oppressive power? Perhaps.

    Schlussel, Marsh, et al. lack the ability to translate their zaniness into real power in any direct manner. Their lazy thinking probably does reify nasty structures, though.

    Bottom line? They suck ass.

    John Brown
    Cutter to the Chases

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  29. Laws are broken every day...thats why we have lawyers! If you need help, visit us at: www.MyPortland.info

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  30. These articles are fantastic; the information you show us is interesting for everybody and is really good written. It’s just great!!

    ReplyDelete