3 ms·
You mention luck plays a part. Having a recognizable image increases your odds. That's why people get sued for this kind of thing, because art has so much luck
by afterburner 15y ago
You mention luck plays a part. Having a recognizable image increases your odds. That's why people get sued for this kind of thing, because art has so much luck and every little reference or connection helps.
It's unfortunate the author didn't think the cover art would be a problem. It's a pretty iconic image, and the very fact that he really wanted to copy it because it would fit so well should have set off some alarms. It's like a brand name, it could be seen to increase the value of the product. (I don't even know if he sold Kind of Bloop or reaped any kind of financial reward, but sometimes even that's not important. If he didn't, then man does that penalty suck.)
- jonknee 15y ago> I don't even know if he sold Kind of Bloop or reaped any kind of financial reward, but sometimes even that's not important. If he didn't, then man does that penalty suck. Did you not read the post? He explains this in the very first paragraph: "Remember Kind of Bloop, the chiptune tribute to Miles Davis' Kind of Blue that I produced? I went out of my way to make sure the entire project was above board, licensing all the cover songs from Miles Davis's publisher and giving the total profits from the Kickstarter fundraiser to the five musicians that participated."
- enjo 15y agoI'm not familiar with the project.. did he go on to sell the actual album?
- jonknee 15y agoYes, it's for sale right now. http://kindofbloop.com/ http://kindofbloop.com/
- afterburner 15y agoI did read the post. Your other repliers covered the qualifiers.
- Confusion 15y agoYou are completely right, but for Maisel, this isn't a concern anymore and for any artist of moderate stature, it isn't a concern if some tiny project as this one uses an image. The overlap between audiences is vanishingly small.