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Bubble Burst for Here’s Comes Another Bubble

written by John Chow on December 15, 2007

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The Richter Scales, creators of Here’s Comes Another Bubble had their bubble burst by a photographer who got upset because the video used one of her images.

Lane Hartwell, the photographer who took one of the pictures that was included in the video, complained that she wasn’t paid for her work. She hired a lawyer, who sent YouTube a DMCA notice and forced YouTube to take the video down. At the time the video was removed, it was coming up on 700,000 views. TechCrunch’s view on this is Hartwell claims wouldn’t stand up in a copyright fight.

I spoke with a copyright attorney this afternoon and described the facts to him. He confirmed my thoughts on the matter. Copyright is a structure around prohibitions, not permissions, he says. That means it lays out rules for things people cannot do with your work – it does not give you the right to demand permission before any use is made.

The Richter Scale video was almost certainly fair use of the photo. A court would look at a variety of factors in making the determination. Among those factors, a court would decide if the use is likely to adversely affect the incentives of others to create copyrighted works, and whether their decision one way or another would tend promote the progress of science and the useful arts. In this case, the inclusion of the photo in a parody work would almost certainly be held by a court to be fair use, the attorney said.

You can read more about the story at Wired, where Lane Hartwell is a frequent contributor. The only thing I have to say about this is, what a party pooper!

While YouTube may have taken down the video, it’s already spreading to other video sharing sites. I have a feeling Hartwell’s lawyer is going to be really busy sending out DMCA notices. In the end, all she’s going to get is a big lawyer bill and the video will still be on the Net (it’s call viral marketing for a reason). For those who haven’t seen the video, here it is. Enjoy before they take it down!

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{ 70 comments }

Can't Get Rich December 15, 2007 at 8:55 pm

This is why watermarking was invented.

BuzzBop.com December 15, 2007 at 9:15 pm

Oh, yeah, we’re definitely in “Web Bubble 2.0″ and we’ll be here for a year or so. Perhaps this will be a more cautious bubble. Maybe not.
There’s still opportunity here, but it will be the savvy ones, the ones with a historical perspective, that will do well.

When there’s a gold rush, its the folks who see the bigger picture who make the gold…

Free Blogroll Link December 17, 2007 at 8:30 pm

This is why residual commission rocks so much.

Chris Jacobson December 15, 2007 at 9:24 pm

No kidding. I was wondering where that video went… now I know.

And thanks John for posting it again. Nice touch. :mrgreen:

Lane Hartwell on the other hand… I don’t know her, but I already don’t like her. Someone needs to lighten up.

Steven December 15, 2007 at 10:36 pm

They should make a parody video on lawsuits in the US and how she’d get fuxored over by the lawyer bill LOL

SEO Optimization December 16, 2007 at 12:27 pm

ROFL that will definitively make yet another big bubble buzz lmao. I wonder how would she really feel after that?

After all, what does she requires to be paid off? Because she clicked SNAP while he was smiling and she even published it on the net without watermark.

Affiliate Unleashed December 16, 2007 at 8:48 pm

Yea! LOL. It made me smile that he posted it again. HAHAHA.

Free Blogroll Link December 17, 2007 at 8:30 pm

She’s probably just trying to get some cash out of someone else’s success.

Danny @ MarketTreasure.com December 16, 2007 at 2:42 am

This is one great video :P it has viral written on all over!

Nicholas James December 16, 2007 at 12:16 pm

Guess the woman who wants to sue them…doesn’t consider the massive free promotion shes receiving :!:

Affiliate Unleashed December 16, 2007 at 8:50 pm

Not really. She’s received no mention or anything till she complained.

Robert December 16, 2007 at 6:29 am

It would have better all around if an arrangement had been agreed upon. Now only the lawyer benefits.

Free Blogroll Link December 17, 2007 at 8:33 pm

As someone who plans on law as a career choice (I’m still in high-school)…that’s good. :mrgreen:

Etienne Teo December 16, 2007 at 6:43 pm

Putting 2 hands on the table to say that is right.

MoneyNing December 15, 2007 at 9:28 pm

That was a great video and I hope that it spreads. It’s unfortunate that only the lawyer would benefit in this case where no one else wins (as usual).

max December 15, 2007 at 10:57 pm

I think the video will spread virally because of the lawyers and all this crap happening. These guys might get on the news soon! :)

John Chow Graphs December 16, 2007 at 7:03 am

700k views already? I’m pretty sure it’s already spread virally.

Etienne Teo December 16, 2007 at 6:45 pm

That is pretty normal when techcrunch post,the videos soars.

Nicholas James December 16, 2007 at 12:19 pm

It already spread virally :wink: it was in techcrunch

Adrian Keys December 15, 2007 at 9:33 pm

Lane could not have done Richter Scales a better favor. Yes the suit will be an annoyance, but if the video was popular before…the sky is now the limit.
I can hear the viral cranking as I write.

Free Blogroll Link December 17, 2007 at 8:31 pm

I was just thinking. There’s no publicity like any publicity. ;-)

Phamen December 15, 2007 at 9:35 pm

Let’s wait the result.

Shaun Carter December 15, 2007 at 9:48 pm

That’s a great video, I’m really not sure which rock I’ve been hiding under to have not seen it before today. The fact that the photographer is demanding payment for a picture that does not look professional is pretty sad.

Here’s a thought… if you put it up on the Internet, someone is bound to use it and not pay you!

BrannRay December 15, 2007 at 9:59 pm

Honestly, I think the video is brilliant. And all Lane Hartwell is doing is creating more publicity for the video. It’s not going to do her any good to try and sue for the money for one picture in the video, because in the end the lawyer bills are going to cost way more than what she’d get paid anyway! I bet the guys at richterscales.com are loving this, because it’s causing the video to go viral! So good for them! :)

Danny @ MarketTreasure.com December 16, 2007 at 2:44 am

I don’t even think she’d win!

How did she notice the picture in all that confusion.

BrannRay December 16, 2007 at 11:18 am

I don’t think she’d win either lol And I have no idea how she found it! It’s like she had to be looking for it already!

Darron Beetge December 15, 2007 at 9:59 pm

Wow, great video. I hope that Daily Motion doesn’t crumble as easy as YouTube on this.

rodel December 15, 2007 at 10:00 pm

can i use this video as well for FREE? :mrgreen: great video.. ford compared to facebook? not bad.. :twisted:

InvestorBlogger December 15, 2007 at 10:38 pm

Unfortunately, she’s just GUARANTEED that 700K views will double, and that resilient bloggers etc… will just reupload the video again and again… Heck… you could even host it on a site outside of the US…

Let her use a lawyer in another country!

Kenneth

max December 15, 2007 at 10:58 pm

I remember when this video first came out, it was only at like 1600 views. It has spead virally….yes, if you post it on an international video site, you might be okay….

Jason Heath December 15, 2007 at 10:59 pm

This video is awesome! What a whiny, litigious society we live in, that this one brief photo can trigger a take down notice. Ridiculous.

Dan December 15, 2007 at 11:19 pm

Sounds like a setup… like you said the other day… there’s no bad press.

GradeMoney.com December 15, 2007 at 11:21 pm

:shock: I love this video!

Affiliate Confession December 15, 2007 at 11:50 pm

Remember, There Really Is No Such Thing As Bad Press. Lane Hartwell needs to get over it. There’s something called fair use. Besides we need new rules, because this is a completely new era.

Persuasion December 16, 2007 at 12:07 am

Good press, bad press… makes no difference. It drives traffic. Especially the latter!

Affiliate Unleashed December 16, 2007 at 8:51 pm

Yup. Good point. But now I think that person is pretty lame for filing.

Meh.

ArahMan7 December 16, 2007 at 12:57 am

It make me wonder, what John Chow gonna do if his picture were on the video? Sue? :roll:

Greetings and lotta loves from Malaysia.

Danny @ MarketTreasure.com December 16, 2007 at 2:52 am

LoL why not wait for the big guy to come over and tell us what he would have done :P

LoL I’m sure he wouldn’t, he loves his pictures being taking and published all over the net and on the front page of a lot of magazines :P

Joel December 16, 2007 at 7:49 am

The 700K would be 1,400K if that’s the case.

John Chow December 16, 2007 at 3:39 pm

I would have loved it if I was in that video. More press for me! :twisted:

Joel December 16, 2007 at 6:32 pm

That separates the entrepreneurial spirits :idea: from the greedy spirits :evil:

ArahMan7 December 16, 2007 at 10:54 pm

Yeah, I thought so too, lol! :wink:

Affiliate Marketing Podcast December 16, 2007 at 1:15 am

Hmmm, people like this really annoy me. They get all worked up about something that really doesn’t matter.

~ Dave

m07 December 16, 2007 at 3:54 am

gr8 video.keep up the good work.

Reverse Funnel System December 16, 2007 at 4:26 am

Great video hehe, good work

Affiliate Confession December 16, 2007 at 4:41 am

More importantly, there really could be a 2.0 bubble burst. Facebook being nearly as high valued as Ford, does that make sense?

ram December 16, 2007 at 3:40 pm

who’s buying Ford these days?

Affiliate Confession December 16, 2007 at 7:08 pm

True, but how is Facebook generating revenue besides a trickle of advertising?

Free Blogroll Link December 17, 2007 at 8:33 pm

“Trickle” is not quite the word I was thinking of. ;-p

InvestorBlogger December 16, 2007 at 9:05 pm

Actually it says a lot more about what Ford is NOT doing… and that is making a profit/good cars/people happy. In some ways, while facebook is creating value, ford is destroying value.

Kenneth

Affiliate Confession December 17, 2007 at 3:18 pm

Maybe Ford should start a social network and a blog.

John Chow Graphs December 16, 2007 at 7:08 am

Yeah, hi, I’m from Ford Motor Company’s legal department.

John, I demand you take that video down instantly because of the use of our copyrighted logo.

The DMCA is in the mail.

Neil Dobbins December 16, 2007 at 7:16 am

This is ridiculous. I can’t believe somebody could be so anal to actually to claim the rights used to a single photo in this video. It’s amazing how money hungry some people can be….

Joel December 16, 2007 at 7:46 am

Maybe someone wants to be famous but ended up paying lawyer’s bills. :mrgreen:

Paul E. Zimmerman December 16, 2007 at 11:46 am

I’ve had a similar experience with lawyers. When they do this type of work, you typically end up paying a lot of money with really nothing to show for it. An honest lawyer would tell you so, but most of them just happily mail and fax their paper dud rounds all over the globe on your wallet’s behalf.

The better move is to jump on the fame. Hartwell should have just figured out a way to gain recognition for her contribution to the video. I’m sure she’ll end up with some now anyway, but she could have done it without the big bill.

Maybe she’s a “steady paycheck thinker” instead of a “risk/reward/entrepreneur” type thinker. Her actions here certainly suggest that.

Nicholas James December 16, 2007 at 12:10 pm

The video is one of the funniest things i’ve seen! It’s giving her free promotion…i don’t see why she wants to sue them for it :twisted:

James Wilcox December 16, 2007 at 12:25 pm

Fair use always wins in parody. It’s sad that more people don’t understand copyright and business law. In art school we had to take a full semester about business law and copyright in order to graduate. I’m glad we did because a lot of that stuff applies to what I do now.

Kila Morton December 16, 2007 at 12:42 pm

We should not dislike her for TRYING to protect what she has worked for. I think you can clearly see why Lane is doing this if you read her blog. She has had many problems with people stealing her work. She feels fed up with constantly having to protect her work from people using it without paying her for it. On one hand, I think that this video is great, however, on the other hand I truly understand her point. She wants to be recognized for the work she does. Personally I think it may work out better for her if she just started a blog about making money online :grin: . We all know that NOBODY steals the articles of people who decide to do that :wink: LOL! She has a post on her blog about how fed up she is that you can see here http://fetching.net/2007/10/please-dont-steal-my-work/ .

Fat Man December 16, 2007 at 1:00 pm

i’m lost. whats this about.

serge December 16, 2007 at 2:05 pm

what a bunch a of crap, that picture does not make that video any better, its shown for like 3 seconds, or less…

Affiliate Unleashed December 16, 2007 at 8:47 pm

How hilarious. People get so bent over stupid things.

Steve Mills December 16, 2007 at 9:04 pm

Hey I just wrote a post about sustainable online business… how apt.

The scary thing is that this rings true, pity people with no sense of humor are the ones that can afford the lawers

Mike Huang December 16, 2007 at 11:23 pm

John, you crack me up LOL! You just want that notice coming towards your way too…

-Mike

Lane Hartwell December 17, 2007 at 3:11 am

Hi there,

I’m the photographer you’re discussing. I’m going to be putting out a statement of my side of things, but I want to clear up one inaccuracy immediately:

There is no lawsuit against the Richter Scales.
from my blog:

As previously mentioned, I will soon be releasing a statement in regard to the Here Comes Another Bubble video created by The Richter Scales. I’ve said very little publicly regarding the matter out of respect to all involved parties, including the Richter Scales, whom I’ve been in negotiations with. It’s been very difficult to sit by quietly and watch this explode online without having a say, but I felt it was the right thing to do.

In no small part due to this effort to keep things out of the public eye, certain people, rather imaginatively, have filled in their own details and jumped to some pretty wild conclusions. For the time being, I feel it is necessary to tackle one giant misconception. It has been erroneously reported in various media outlets and blogs that I have either filed or am in the process of filing a lawsuit against The Richter Scales. This is simply not true. At no point has there been any talk of filing a lawsuit on my behalf. To make matters worse, I have yet to be contacted by even one of these media outlets or bloggers to verify the authenticity of my supposed lawsuit.

This type of unchecked “reporting” only serves to hamper the negotiation process between myself and The Richter Scales, both of whom desire a rational and calm resolution to these complex issues. It certainly is easy enough to contact me. My email address is readily accessible on my website and I read my FlickrMail daily as well.

Best,

Lane Hartwell

Rudy December 17, 2007 at 4:19 pm

Once again, you should never believe 100% inn what’s written on the internet. Check the source, check the references.

Free Blogroll Link December 17, 2007 at 8:23 pm

ROFL. Wow. I … loved it. =)

3cpxbro December 18, 2007 at 2:08 am

Hopefully there’s a few more years in this bubble. Make your money, then get out. Something I should have done the first time.

Cash Dominator - Money Maker December 30, 2007 at 11:24 am

I’ve watched this video at least 8 times, it’s so damn funny. :lol: It’s really ridiculous that Facebook worth 15 billion dollars, like Ford.

The Skinny On January December 31, 2007 at 10:58 pm

If she’s throwing a fit over one photo like this, she must be a real joy to be around. How lame!

ram December 16, 2007 at 3:37 pm

lame hartwell?