Tuesday, January 19, 2010

Punked

I guess this is a conspiracy too.

Dutch Morial family tells Troy Henry to take picture off his Web site

26 comments:

Anonymous said...

Woo boy.

The Henry family sure stepped in it.

Anonymous said...

Bitch slapped by Sybil Morial!!! WOW. That does not happen every day.

Well, it makes sense if you think about it...Henry worked at ENRON. ENRON taught their employees that you are SUPPOSED to take stuff from people without permission or payment. So makes sense that he used Morial's stuff without permission. Kind of like he used his partners money without their permission....wait AZ....is there a pattern here????

Red said...

my word verification: 'BOLDE'. as in the political group.

jus sayin...

Anonymous said...

Wait, my word verification code is 'cabla', as in 'cabal'?

Is this possible? Are the internet gods playing havoc?

Anonymous said...

Morial was a public figure. You don't need permission to use a public figure's likeness. Especially if it was a family photo as I'm told this one was.

My word verification was "exedenon"

What's that mean?

Jason Brad Berry said...

Ok...if you think that's correct, go get..oohhh...Eminem's picture and put it on a campaign flyer and run for office. See what happens.

Anonymous said...

politicians and entertainers are two totally different beasts:

"Public figures, especially politicians do not have the same right to privacy in regards to appropriation of name, likeness or identity since there is much less expectation of privacy for public figures. Celebrities may sue for the appropriation of name, likeness or identity not on grounds of invasion of privacy, but rather on owning their own right to publicity and the monetary rewards (or damages) that come from using their likeness."

http://www.personal-injury-info.net/invasion-of-privacy.htm

...while it was nice of Henry to play nice w/ mrs morial, i doubt he was under any LEGAL obligation to do so. only bad PR to fight it.

Anonymous said...

David Duke got sued by the singer whose song he used as a campaign theme song without permission.

People are allowed to get upset if you try to manipulate the public using their likeness, reputation, intellectual property, etc.

Even if they can't stop you from doing it, they can undercut the attempted coat-tail ride by speaking up. Good for Sybil Morial.

I got an e-mail about their letter from the Perry campaign. He didn't editorialize, just sent the Morial family's text along. I loved that understated f-u to his jacka-- opponent.

Anonymous said...

Anon. . .
Just because you "can" use doesn't mean you should use it. . I am sure if pressed, Henry would justify all of the thievin he did at ENRON the same way, with legal parsings and word splitting and technicalities. . just like he tried to wriggle out of the lie on his resume when he claimed he was THE president of United Water responsible for supervising all of their employees. . .when he was really only one of six regional presidents.

Troy Henry wanted to make it look like he was the next generation in a long line of great leaders, when nothing could be further from the truth. . .He's spent his life stepping on little people to get rich, not fighting to uplift the little people.

Troy Henry doesn't have the character we should demand in our next mayor, plain and simple.

Jason Brad Berry said...

That's an interesting scenario. What if David Duke used Martin Luther King, Jr.'s image on his campaign material? Just a hypothetical.

Anonymous said...

You all have raised in interesting discussion.

The law protects the rights of individuals to be portrayed in a light most favorable to the person. So, Duke's use (unless it was covered by one of the many legal exceptions, like parody) would NOT be considered permissible use.

Some families have aggressively protected the images and likeness of the famous family member. Elvis, Dr. King are two examples. The families are both very aggressive in making sure that the images are not (1) used to profit others than the rightful heirs and (2) not used in a manner that improperly portrays the subject.

So you can't just pull a photo of President Obama on your website and suggest that he is endorsing you. It is essentially false advertising. Which is why the Morials have the right to object.

The photos suggest that Henry is endorsed by Obama, Morial, and others. He was not.

Henry was also clearly intending to suggest that he was the next in line of the civil rights leaders, and associating himself with President Obama.

The real civil rights leaders were not interested in getting their pictures taken, they were interested in getting what they deserved.

Seems like Henry got what he deserved (a smack down) by imitating a true leader.

Anonymous said...

Henry should have paid Sybil Morial and the Morial family like he did with Deuce McAllister & the other Saints player to be in his campaign video. The two Saints playes made over 100k from what I was told to be in that video to endorse Henry.

Anonymous said...

"...real civil rights leaders weren't interested in getting their pictures take..."

That's part of the "Santa Clausification" that Dr. West talks about (his actual term of art).

I also refer you to another quote: "He (MLK) gets all the press while I (NAACP Legal Defense Fund) get stuck with the legal bills" - Thurgood Marshall

And, the discussion is blurring the lines between songs (which are copyrighted) or celebrities (who make a living from their image) and public figures (whom if you take a picture with you are free to use as you see fit). If you notice there is a company that does debt consolidation that uses footage of President Obama in it. Think they paid for that? Probably not.

Anonymous said...

sounds like nobody here is an expert on these matters :). me needa.

the only take away i was making was celebs vs politicians. celebs dont sue on privacy grounds, they sue on owning (controlling) their image as a financial asset. which is different than a politician's desire to not be in the various lime lights.. i believe the politician, as a true public figure, has less power. since Troy's image was a collage of various leaders in history, of which Morial was one, there is probably very little legal grounds to demand removal. he IS a piece of history and always will be.

putting Morial's portrait up next to Henry's may be different, i dunno. but i still kinda doubt it... nothing could stop me from putting a pic of a politician i admired on my website. it doesnt "say" anything, explicitly.

Anonymous said...

Even if a person could not legally stop someone from using their image, if they are upset with the association, they can do what the Morials did: publically dis-associate themselves.

The Morials don't need to sue Henry.

Henry was trying to associate himself with those civil rights leaders, and the public disavowal of Henry by the family of one of them was enough to destroy the efficacy of that political ploy.

They were embarrassed to be linked to Henry; now Henry was embarrassed by them right back.

Whether it was legal isn't really the point, even in the example where Duke was got sued.

The point was a swift and unequivocal expression of displeasure, and a rejection of the politician using your image, song or whatever.

Editilla~New Orleans Ladder said...

You want Punked, Son?
How about the American Zombie on Huffington Post? Well not Punked, but linked at least.
Shirley you've seen this:
[padding their resume and misrepresenting their professional credentials and accomplishments,]
that is the link-statement, I don't know how to do stuff beyond...
http://www.huffingtonpost.com/melissa-harrislacewell/why-im-proud-of-james-per_b_429910.html

Anyway, don't you find it gratifying that James Perry's Campaign is using your posts in Fundraising?

Editilla~New Orleans Ladder said...

Hey, hate to bother you again but it was Twice you are linked in the Perry Piece at Huff.
Missed the first one:
[Some of our opponents are playing the race card from the bottom of the deck.]
HA! That is twice more than the NY and LA Times and up there with the Man his very same self!
Hahahahahaha...whew! Sorry.

The more I consider your copious amount of work on Henry, the more brilliant a tactic this becomes by Perry to get people to see Henry without him having to point at him. HA! All to show why Perry is more deserving of Money than Haiti!
They just link to You pointing at him!
That's pretty slick if so.

Lord David said...

This thread seems to lapse into legalese rather quickly.

The issue is not whether Troy Henry was legally entitled to use a picture of Dutch Morial.

The issue is that he did it without permission, using it to proclaim himself something that he is not, and is evidence of a crooked spirit, a liar and carpet bagger, promoting himself at any cost, whatever the the effect on those around him.

We've just suffered through eight years of this bullshit.

Whatever the legal standing, this piece of sel-centered fecal matter doesn't merit a single vote.

Jason Brad Berry said...

Edtilla,

wow...no...I had no idea. That's pretty cool. Inflates my ego, not my pocket, but what the hell.

Let's see, I've linked to HuffPo about 100 times....they link to me...twice. I'll take it!

GENTILLY YARD ART said...

yo ashe , you was all over eric asher's show yesterday also.

you can check it out at the wist podcast page.

keep blowing up cuz.

maybe the lens needs more help.

thank you for your work.

Editilla~New Orleans Ladder said...

Hehehe, Dambala, you know I couldn't make any inferences there, but you should think of copyright. Your work is that good.

Nah, I like the modern novelty of this tactic of using the blog'0'reamery to structure such an attack on your opponent so as to look like you aren't the one making the attack.
That used to be the benefit of Newspaper endorsements, but since they don't really exist anymore the next best thing is to ride the Bloggers.

Perry's tactic here is not to win this race but to raise money outside of New Orleans from the Brown-shocked gullible bourgeois naivete of the Huff Post progressive wing.
He is one sharp cookie no lie.
But he ain't really running for Mayor.
He is just raising the money this time around, and not really putting out much of an investment to do it either when you think about it.
I don't know. Y'all do the politics so well and I just mostly laugh and cheer along.

Jason Brad Berry said...

Edtilla if I was half as smart as you're making me out to be I'd be rich by now, methinks. Unfortunately I'm just a broke dude with a blogging obsession. But if you want write my resume I'll take you up on it.

Xavier said...

Good political analysis by Editilla and great that you are getting some national media attention. will be listening to the radio show tomorrow. As for the other comments, man, you guys must have lawyered up. Wow. Sorry that Marshall Faulk and Deuce were suckered into siding with someone who is playing the race card. Neither of these guys is racially divisive. Have been linking Nola to this site, so hopefully you are getting some more viewing. Add something to your homepage to let people know you need some money luv. Pelican Inst having forum tomorrow on video journalism ala ACORN. Ok enough rambling for the night. Overloaded on Saints coverage.

My veriword redishi as in I get all redishi when I have to walk up a lot of stairs

Anonymous said...

More bad stuff allegedly coming with the Henry MLK video. Oh, and a couple more lawsuits, I heard. Troy has really screwed the pooch on a couple different fronts ...

Anonymous said...

Editilla

DOG NMAD TI !

This is why I HATE James Perry. He and his girlfriend are so LLUF FO TIHS!

"James refuses to provoke racial anxiety ..." and then she goes "As he sat in a courthouse during a racial discrimination case James was repeatedly called "nigger." " SEE WHAT SHE DID THERE????

That whole thing is why I hate him. That piece was written for a WHITE CROWD OUTSIDE OF NEW ORLEANS!

Sure other African Americans read that site, but its HuffPost for christ sake!

I wouldn't doubt he was called that... but I don't doubt he has also been called that by blacks and whites - Because some many of both are dysfunctional when it comes to race... and manners here.

Anyway... I just can't stand how both him and his girlfriend have tried to portray New Orleans like its Mississippi Burning to elicit what I can only call PITY from a large number of wealthy Northerners.

Captain Sassy said...

I totally disagree with your statements on Perry, anonymous. Because he's not part of the political machine here (thank God), he's had to reach out to people outside NOLA. Not to mention that he's also been connecting with displaced Katrina folks all over the country.

Regardless, James refused to get involved in the racial divisiveness that Henry was trying to provoke; good for him.

This isn't about "Mississippi Burning", it's about REALITY.

I'm absolutely biased towards Perry and, I believe, for good reason.

Oh, and Edtilla, I really do believe he's in it FTW.