[rocknation]

Blabbermouth: Axl Rose is attempting to rid the Internet of a photo which has gone on to inspire a slew of "fat Axl" memes.

The GUNS N' ROSES singer issued a DMCA takedown notice to Blogspot and GoogleUserContent demanding the image — which shows Axl looking a little bloated during a 2010 gig in Canada — be taken down as it infringes copyright...

Boris Minkevich at the Winnipeg Free Press, who took the original photograph, (says) he was unaware Axl had been trying to "cleanse the web" of his picture.

Even though the photograph was taken by Minkevic...Web Sheriff, an anti-piracy company...claims he is not the copyright holder. "We can gladly confirm that all official / accredited photographers at [Axl Rose] shows sign-off on 'Photography Permission' contracts / 'Photographic Release' agreements which...specify and limit the manner in which the photos can be exploited and...transfer copyright ownership in such photos to [Axl Rose's] relevant service company," the company (said) in a statement. Minkevich could not recall if he signed any contracts...

"[If a photographer] was there and taking shots without permission or authority, then other considerations / factors would come into play as to what such individuals can and cannot do in terms of attempting to commercially exploit the resultant images of someone else's show," the company said...

Nice try -- but they're overlooking the facts that Minkevich got his "permission" to take the photos from the Winnipeg Free Press, and that it was they who so cruelly "exploited" Axl by publishing them under the "power and authority" of their editorial copyright. But ironically, that isn't really the point.

This is the point -- neither the photographer, the newspaper, nor the search engines created these:

And their creators had every right to do so, because memes are a form of public free speech that do not violate any copyrights if they do not meet the legal standard of defamation, slander or obscenity (a much lower standard if you're a public figure), and if their creators don't profit from them.

Also, it sounds like Web Sheriff needs to be introduced to the concept of fair use. Here's some legal stuff that Americans can add to their Web sites and to video uploaded to servers other than their own:

Under Sections 106, 106A, and 107 of the Copyright Act 1976, the Fair Use Clause of the Act permits the use of excerpts from news outlets, books, periodicals, live musical performances, blogs, social media, and public figures, and is protected by copyright statute that might otherwise be infringing.

Allowance for fair use is made for purposes such as criticism, comment, comparison, satire, parody, news reporting, teaching, social/political/scientific awareness, scholarship, or research, in which case no copyright ownership is claimed, intended or implied by (insert name of Web site or its owner).

Non-profit, educational or personal use tips the balance in favor of fair use.

Bullying the photographer when his employer is the closest thing to a culprit equates to stepping on a worm because the alternative is wrestling an alligator. Axl "looked" bloated because he WAS bloated. And his timing couldn't be worse -- partly because the pic is more than six years old, but mostly because the singer he's replacing in AC/DC says he's found a way to replace HIM!