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First of all, this probably isn’t “Netflix” but rather some designer Netflix hired to do a job. It is incredibly hard for a company to double-check all this stu

First of all, this probably isn’t “Netflix” but rather some designer Netflix hired to do a job. It is incredibly hard for a company to double-check all this stuff. Unfortunately he will get the best result with a lawyer. The infringement pierces contracts and even can pierce the corporate veil to make people personally liable. I believe statuatory damages may be around $10,000 per infringement, so from there he can likely negotiate a reasonable settlement equal to a normal fee plus legal costs. I doubt he will get much traction another way. Although, I hope I’m wrong, and a little public shaming will get a reasonable result.

deleted 9y ago
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tptacek 9y ago
It presumably won't much matter whether a contract designer or a Netflix employee did it. This problem is what indemnification clauses in contracts are for, and perhaps Netflix will try to take their damages out of the hide of the contractor, but that's unlikely to be the original author's problem.
- SilasX 9y ago
  True. But I'm also wondering: at the size and scale of Netflix, don't they stick with more above-board agencies with better controls for this kind of thing? I doubt they'd be happy with "Hey, guy-in-his-pajamas who freelances with his photoshop skills, do you pinky swear that you own the rights to all the IP in your deliverable? Because we fully expect to recover our full liability from you if you don't!"
bitexploder 9y ago
It is also a good question of if the images were modified substantially enough to count as a derivative work by Netflix. I think because this is also a common image with absolutely no identifying features or labeling it significantly weakens their claim against Netflix. https://en.m.wikipedia.org/wiki/Derivative_work https://en.m.wikipedia.org/wiki/Derivative_work -- In this case based on a lay reading of the case law it is not clear to me. http://foundrylawgroup.com/copyright-copywrong-what-are-derivative-and-transformative-works/ http://foundrylawgroup.com/copyright-copywrong-what-are-deri... -- another discussion. Based on US law I am guessing this is OK, it is not an exact rip off and has been modified at some. Anyhow it is a complex legal issue and I see a rush to judgment here ethically. Morally I agree with the author and think Netflix should just throw him a bone since they decided to ask forgiveness (maybe....) rather than permission.
- whiddershins 9y ago
  Derivative work is still infringement.

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tptacek 9y ago

It presumably won't much matter whether a contract designer or a Netflix employee did it. This problem is what indemnification clauses in contracts are for, and perhaps Netflix will try to take their damages out of the hide of the contractor, but that's unlikely to be the original author's problem.

SilasX 9y ago
True. But I'm also wondering: at the size and scale of Netflix, don't they stick with more above-board agencies with better controls for this kind of thing? I doubt they'd be happy with "Hey, guy-in-his-pajamas who freelances with his photoshop skills, do you pinky swear that you own the rights to all the IP in your deliverable? Because we fully expect to recover our full liability from you if you don't!"

bitexploder 9y ago

It is also a good question of if the images were modified substantially enough to count as a derivative work by Netflix. I think because this is also a common image with absolutely no identifying features or labeling it significantly weakens their claim against Netflix. https://en.m.wikipedia.org/wiki/Derivative_work https://en.m.wikipedia.org/wiki/Derivative_work -- In this case based on a lay reading of the case law it is not clear to me. http://foundrylawgroup.com/copyright-copywrong-what-are-derivative-and-transformative-works/ http://foundrylawgroup.com/copyright-copywrong-what-are-deri... -- another discussion. Based on US law I am guessing this is OK, it is not an exact rip off and has been modified at some. Anyhow it is a complex legal issue and I see a rush to judgment here ethically. Morally I agree with the author and think Netflix should just throw him a bone since they decided to ask forgiveness (maybe....) rather than permission.

whiddershins 9y ago
Derivative work is still infringement.