The Hardcore Thread Genre • Page 248

Follow up to your post:

 

Wonder if that’s gonna hold up in a potential lawsuit from the model, it’s very clearly her face in that design.

 

if it did that would be very dumb

 

Having a ton of fun listening to Botch

 

Glad that’s cleared up then

 

It's not "cleared up". The use of someone's likeness is separate from, though related to, copyright and trademark.

 

I meant about myself, as I didn’t know

 

Based on his explanation, would she hold any legal ground if she were to take action?

 

They should change the artwork to your avatar

 

Not 100% sure, she might be barred by the statute of limitations and it would depend on which law applies since she's French and it was an Italian magazine photo, etc.

If it's US law, and the statute of limitations doesn't bar the claim, then probably yes. She would have to show they used her likeness (this is subjective, but seems pretty obvious to me and he basically admits it) for their commercial advantage (duh), and she didn't consent (also seems pretty obvious).

The hardest one would be that she also has to show a resulting injury. As an actress and model she could claim to be a "public figure", which I believe would base the injury/damage on the value of the use of her likeness (e.g. could she have sold them the right to use her likeness for the artwork and, if so, for how much) but she could also potentially make claims that her right to privacy and publicity were harmed.

 

Thanks. That makes sense - just because he/Converge hold the copyright to use the image, it doesn't necessarily bar them from legal action from using her likeness as a part of the art. That's a fair explanation of it beyond just looking at it from the perspective of Jake being a mixed media/collage artist, though it's also clear to me that he didn't mean any malice in using her likeness.

That said, I am also empathetic towards her for finding out that her likeness has become this ubiquitous image in a niche genre of music and feeling like she's been exploited. But it's also not like Converge have any money to pony up for damages if this does make it to court...just a what situation all around.

 

I think it’s interesting that it’s taken her 20 years to figure this out. Converge are huge but they aren’t HUGE and after some time it should have naturally made it’s way to her.

 

It's not surprising to me at all for her to have been in the dark about this. Converge might be huge within hardcore and to us, but we're still talking about a band who's in a niche subgenre of underground music. It's not like this is Billie Eilish, Michael Jackson, or Foo Fighters artwork.

 

I don’t know. They are billed pretty high on most European festivals and being that she is from Europe, someone from within her circle should have picked up on it. Seems odd but they will work it out.

@Elder Lightning and I said there is a possibility this could have already been resolved by both parties and they are finally able to speak publicly about it.

 

Yes, this is basically where a few different areas of law converge. pun totally intended

There is copyright and potential copyright infringement (the photo he used is itself copyrighted), right to privacy/right of publicity, and potentially trademark, but that's really a separate question and note entirely applicable here.

My guess is that there will be a settlement of some kind where they pay her out some money and potentially give her a cut of royalties from Jane Doe merch moving forward. I also think that would be the right thing to do.

 

converge are a pretty small band, given the entirety of modern music. kevin devine gets over 2x the monthly streams as them, and I don't think anyone would argue he's a huge name. being huge within the subculture does not mean you are a huge band.

 

Pretty much what I said

 

i wasn't arguing with you lol

 

I guess she's a Jane Doe no longer

 

I think I like this more than Fever 333

Features James Hart of 18V

 

Pressure Cracks is definitely better than Fever imo.

 

Y’all just exist to hurt me or something

 

Fever is cool too. Pressure Cracks is more traditional hardcore so it makes sense some of us cave people in this thread (myself included) like that more than the Linkin Park/hip hop/poppier project. Fever puts on a great live show and had maybe the best set at Riot.