Senator Hatch is Lucky SOPA/PIPA Didn’t Pass. Used Image Without Permission.

Michael Jolley took a photo of Orrin Hatch and posted it on Facebook and his Flickr page with a Creative Commons Licence which allows other users to use the photo as long as they give attribution. As you know Senator Hatch has always been a crusader on copyright protection so you would think the Senator would be sensitive on copyright issues. However, Senator Hatch and/or his campaign lifted the image and placed it on both Sentor Hatch’s Flickr page and their campaign website without attribution nor permission from Jolley.


Not only did they lift it but added their own © All rights reserved to a photo they did not own with no attribution.

On Facebook’s Utah Republican Party – Official Group, Michael Jolley took Senator Hatch to task and made the observation that SOPA like laws could cause Hatch to lose his entire website for posting copyrighted materials without permission. Mr Jolly demanded a news conference where Senator Hatch would publicly apologize.  Hatch’s campaign manager, Dave Hansen, gave a terse response basically saying what Hatch did was no big deal because Jolley uploaded the photo to Facebook and tagged the Photo as if this somehow gave the Senator permission to use the photo as he saw fit even claiming “all rights reserved”.

Dave Hansen is a good man but he does not understand copyright law as passed by Senator Hatch. Everything is automatically copyrighted and the fact you put it online or on Facebook does not change that. The law makes no distinction on whether a copyright symbol is added or not.



Dave Hansen on Facebook ~ “Now let me get this straight Michael. You took a picture of the Senator, then tagged it to his facebook account in effect saying “Here is a picture I took of you, without any reference to a copyright, now months later you are whining about “copyright infringment”. You will have a long, cold wait for a press conference of apology. Get a life.”

People have been sued by Righthaven and others for doing the same thing Senator Hatch did. The penalties for copyright infringement can be up to $190,000 per infringement. These draconian laws were not just passed by the Senator but championed by him. He needs to practice what he legislates lest he find himself on the receiving end of these draconian laws.

**images sent by Michael Jolley with permission to post them**

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  1. #1 by Rico on January 25, 2012 - 6:40 pm

    Doncha know? Congress always exempts itself and other governmental entities from the onerous requirements and restrictions that it imposes on everyone else. Why should SOPA/PIPA be any different?

  2. #2 by cav on January 25, 2012 - 7:15 pm

    The cropping makes it Orrin’s own! Perfectly legal crop job.

  3. #3 by Larry Bergan on January 25, 2012 - 7:38 pm

    Interesting post Ken. Nice to see you going after your own people for a change.

    All Orrin would need to do is get a little of that retroactive protection for congressmen the way the telecoms got it.

    Of course I need to see a picture of Orrin Hatch standing at attention in front of a flag like I need a hole in the head, but it’s too late now.

  4. #4 by cav on January 25, 2012 - 8:28 pm

    ACTA: The International Treaty You’ve Never Heard of That Could Affect Internet Freedom
    US among countries that have already signed ACTA

    http://www.commondreams.org/headline/2012/01/25-3

  5. #5 by Larry Bergan on January 25, 2012 - 9:11 pm

    cav:

    From your very easy to understand article;

    Under this new treaty, Internet Service Providers will police all data passing through them, making them legally responsible for what their users do online. And should you do something considered “breach of copyright” like, for instance, getting a tattoo of a brand logo, taking a photo and posting it somewhere, you may be disconnected from the Internet, fined or even jailed.

    I get the feeling somebody doesn’t like us anymore. By us, I mean the human race.

    What are we going to talk about on the internet; how much we love our leaders? Today, North Korea, tomorrow the world.

    Why would Obama sign this piece of shit? Does the phone company have to throw me in jail for taking a picture of my Obama lawn sign in the background at a barbeque? Would the phone company be interested in knowing if they have to do that, or don’t they give a you-know-what.

    Get me out of here!

  6. #6 by Ken on January 25, 2012 - 10:26 pm

    Yes Obama signed ACTA when no one was paying attention to copyright issues. He has no plans on sending it up to the Senate for ratification where the American people can have a say on it. It was negotiated in secret and no tech or Internet companies were allowed to participate in it. It is SOPA/PIPA on a world wide scale. We need to put presure on Obama to send it to the Senate so the people can have a voice.

  7. #7 by Ken Bingham on January 26, 2012 - 1:49 pm

    ACTA may have already been signed but there is still TPP being secretly negotiated that will go well beyond International Agreements that are in place today.These International agreements are being used without any input from those effected by them and signed away without any input from Congress.

    There is an upcoming meeting that will be held in Hollywood of all places that will be held behind closed doors regarding TPP. Hollywood will be well represented but all interests including tech and Internet industries will be shut out.

    It is time to call your Congressmen and Senators and demand these closed door meetings be stopped that are sidestepping our democratic process.

    https://www.eff.org/pages/trans-pacific-partnership-agreement

  8. #8 by Carrie on January 26, 2012 - 2:34 pm

    Haha this is great!

    After 36 years he’s forgotten how to abide by the law!!

  9. #9 by Richard Warnick on January 26, 2012 - 4:51 pm

    If I were a senator, I would not like to have someone like Dave Hansen insulting my constituents, calling them whiners and telling them to “get a life.” What would it cost to admit a mistake?

  10. #10 by Larry Bergan on January 26, 2012 - 5:37 pm

    Interesting article concerning ACTA:

    Ron Wyden has sent Obama a letter asking why he cut Congress out of the ACTA approval process. According to the law, the Senate must approve international treaties.

    I don’t know if Ron Wyden is being funny here, but there seems to be a trend of congress not caring when presidents do things like going to war, ect…

    I do like this paragraph at the end of the article that inadvertently relates to the 99% and other movements around the globe:

    Democracy is no longer something that happens at a ballot box, once a year. It’s a kinetic being, capable of mobilizing hundreds of thousands of citizens behind a cause and forcing decision-makers to rethink things. That’s one of those great things about the open Internet.

    People power!

  11. #11 by Rico on January 26, 2012 - 6:37 pm

    If I were a senator, I would not like to have someone like Dave Hansen insulting my constituents, calling them whiners and telling them to “get a life.”

    It’s the entitlement mentality that comes from being told every six years that you’re the guy. Who cares how your treat your constituents? The sheeple will continue to vote for you no matter what.

  12. #12 by Karmen on January 27, 2012 - 7:50 am

    So does anyone know if Michael Jolley is going to pursue this further? I certainly hope so and I also hope that EVERYONE who finds out about this spreads the word. Orrin must go and take his nasty little man Dave Hansen with him.

    Orrin’s statements about “the public pension crisis” are the next thing to go after him on. The man is seriously losing his mind, I’m afraid. If someone is employed and retires, there is usually a pension involved from the employer. If that someone happens to be employed by state or local government, their paycheck therefore coming from ‘the taxpayer,’ the employer shouldn’t be “on the hook?” Now, the most obvious: why did he choose only state and local government pensions? What about those federal pensions (getting a bit too close, Orrin?) and healthcare benefits?

  13. #13 by Simon on January 27, 2012 - 11:13 am

  14. #14 by Ken on January 27, 2012 - 11:47 am

    Yes Hatch once advocated placing a self destructing device in computers to be activated if it detects the presence of unauthorized copyrighted material.

  15. #15 by cav on January 27, 2012 - 12:51 pm

    …or terrists! Wasn’t it Hatch’s office that somehow, innocently, contrived a link to the democratic memos relating to ’04 election strategizing?

  16. #16 by Larry Bergan on January 27, 2012 - 7:18 pm

    Orrin Hatch is a menace. The Utah GOP should start to look for somebody worse.

  17. #17 by Karmen on January 27, 2012 - 8:36 pm

    Oh they will, Larry, I’m sure they will.

  18. #18 by Larry Bergan on January 28, 2012 - 10:02 pm

    Karmen:

    They must be absolutely frantic to find that guy now because Orrin is toast.

    The fake wing of the Boston Tea Party has definitely turned on Orrin just as they did with Bennett.

    In other words: the Citizen Uniteder’s are going after Hatch with unlimited funds.

    Henceforth, Orrin will be known as a lib. Send the memo to Hannity.

  19. #19 by cav on January 28, 2012 - 10:42 pm

    What are the tea-folks really clamoring for? Are they confusing the lesser of two evils with the most evil? I’ve got to admit, I’ve had some confusion with that convoluted concept.

    Disclaimer: Nothing in the above comment should be construed in any way as an endorsement of Mr. Hatch.

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