Trump Could Face MASSIVE LAWSUIT for Mugshot COPYRIGHT VIOLATION
The MeidasTouch Podcast
MeidasTouch Network
4.9 • 56.4K Ratings
🗓️ 4 September 2023
⏱️ 14 minutes
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| 0:00.0 | I'm Ben Micellis from the MidasTouch Network. Could the state of Georgia, or more specifically, |
| 0:07.7 | Fulton County sue Donald Trump for violating the copyright held by Georgia or Fulton County in the mugshot |
| 0:18.6 | of Donald Trump, where Donald Trump purports to have raised over $7 million from that ridiculous absurd and deranged mugshot? |
| 0:29.0 | The answer is yes. Fulton County, Georgia, could sue for a copyright infringement claim. You see, unlike the federal government, |
| 0:41.2 | states are actually permitted to maintain copyrights and works that are created by the state. |
| 0:49.8 | There's some limitations, which I will discuss. But first, let's talk about what a copyright is in general. |
| 0:57.8 | And then let's talk about some of the rules of copyright law here, so we could explain it. |
| 1:03.3 | So a copyright is defined as the exclusive legal right given to an originator or an assignee to print, |
| 1:12.8 | publish, perform, film, record, literary, artistic, or musical material, and to authorize others to do |
| 1:22.7 | the same. It is a fixed work of creative expression and a copyright holder can bring lawsuits |
| 1:33.8 | against other people who infringe upon that work. Now, who usually owns the copyright of a photograph? |
| 1:41.8 | Is it the photographer or is it the subject? Usually the photographer, the one taking the |
| 1:48.2 | photograph is presumed to be the owner. Now, somebody who is the subject of the photograph |
| 1:55.0 | may have what's called a common law right of publicity and how that photograph is ultimately used, |
| 2:01.7 | but as between the photographer and the subject, the photographer is the owner of the copyright. So |
| 2:08.2 | here, Fulton County District Attorney, the Fulton County Sheriff's Office, Fulton County in general, |
| 2:15.7 | is responsible for the taking of that photograph of Donald Trump. They technically would be the |
| 2:23.0 | copyright owner. I'll explain some limitations in a moment. But with respect to the federal |
| 2:29.5 | government, there is long held law regarding copyright that the federal government is not allowed |
| 2:37.8 | to avail itself of copyright protection. Specifically, the United States Copyright Act says, |
| 2:44.7 | Copyright Protection under the U.S. Copyright Act is not available for any work of the United |
| 2:51.0 | States government, but the United States government is not precluded from receiving and holding |
... |
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