petef3
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Post by petef3 on Sept 11, 2019 23:16:03 GMT -5
Sure, but maybe Cornette shouldn't have wished literal death on G-Raver on his podcast to begin with. As long as he wasn't making a threat, Cornette wasn't committing a crime or a tort. G-Raver was by misappropriating Cornette's likeness without permission. The quick disappearance of the shirt is pretty much proof of how open-and-shut this was.
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Mozenrath
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Post by Mozenrath on Sept 11, 2019 23:16:31 GMT -5
Cornette's relevance to modern wrestling or lack thereof is completely...well, irrelevant here. He's 100% in the right. That all being said, I'd have more respect for Janela's position if he wasn't using tennis rackets and invoking Cornette by name on his national wrestling appearances. The high road doesn't seem to really exist for anyone high up in AEW or their friends. I'm sure Cornette's heart is broken anytime someone gives him material for his podcast, and I say that as someone who listen to him in chunks. Cornette adores it when people give him something to gripe about. He owes Janela a Christmas ham at this point. As for the topic of Cornette's relevance, he's part of MLW still, isn't he? That and the podcast, it's not like he's a nonentity. Is Janela more relevant? If not now, he's going to be when AEW's TV is a thing. Doesn't really make much difference either way in what's just a stupid feud that ultimately probably benefits both guys to keep going, so they do.
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Post by Cyno on Sept 11, 2019 23:17:51 GMT -5
The head on a stick is where he has a case for a suit since it's using his likeness without permission in order to make a profit.
I despise Cornette and his legion of stans, but he's in the right here.
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cosmo
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Post by cosmo on Sept 11, 2019 23:18:32 GMT -5
I do kinda love that Corny's pretty much the biggest heel in AEW at this point and he doesn't even work there.
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Post by A Platypus Rave on Sept 11, 2019 23:20:31 GMT -5
Guessing using his likeness without permission is more the issue than the beheading part of it. Yeah Likeness and if he has copyright over his name. if it was more generic there would be little Corny could do... but... yeah.
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petef3
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Post by petef3 on Sept 11, 2019 23:25:45 GMT -5
Lifting this from a Facebook group...yes, it's a group filled with Cornette "Stans," but deal with it. It's informative anyway:
" I'm an attorney and don't practice in IP but took a bunch of classes on copyright in law school. I don't think that shirt is going to be protected if Corny goes after them. I don't think it falls under the Fair Use Doctrine; it's not for teaching or criticism purposes - like a film clip; not for news reporting; it's a permanent likeness so it's not under the 'we only used a small snippet of a song in a movie' There is an argument to be made that's it commentary/parody but with Jim's name on it instead of just his face, I think that argument is weak. Plus the fact that the shirt was clearly designed with commercial intent (they're selling it, regardless of the reason for the sale) would be seen as misappropriation of one's likeness without their consent. There was a case we studied about a print ad that was themed "Game Shows in 2525" with a robot wearing an evening gown and a blond wig standing next to a board of letters - Vanna White won that case (even though she wasn't mentioned by name), because it was so obvious a take-off on her and she hadn't consented to her 'likeness' being used. My 2 cents - I saw that shirt and immediately thought "Corny is going to make some money via Stephen P New on this..."
So even a broader caricature without the name could probably result in legal action, as long as it was clear that it represented Cornette. But this was hardly a broad caricature, plus it included his name.
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Post by Oh Cry Me a Screwball on Sept 11, 2019 23:26:13 GMT -5
Sure, but maybe Cornette shouldn't have wished literal death on G-Raver on his podcast to begin with. As long as he wasn't making a threat, Cornette wasn't committing a crime or a tort. G-Raver was by misappropriating Cornette's likeness without permission. The quick disappearance of the shirt is pretty much proof of how open-and-shut this was. The shirt hasn't exactly disappeared, unless you think those that order the "blank t-shirt" are getting actual blank t-shirts. Nonetheless, Jim Cornette is still pretty rotten at punching down at injured wrestlers, even if he doesn't think highly of how said injuries are accumulated.
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Post by Cyno on Sept 11, 2019 23:27:10 GMT -5
Guessing using his likeness without permission is more the issue than the beheading part of it. Yeah Likeness and if he has copyright over his name. if it was more generic there would be little Corny could do... but... yeah. It gets a lot murkier if the shirt just said "f*** Cornette" or something without using his likeness. Like, Cornette would still have a pretty good case as a plaintiff if he sued, but a competent defense could build its own case around freedom of expression against a public figure.
Granted, an indy wrestler probably isn't in the position to hire a higher-end attorney unless they're making money other ways.
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Mozenrath
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Post by Mozenrath on Sept 11, 2019 23:28:00 GMT -5
Yeah, it's definitely not enough to be parody or anything.
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petef3
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Post by petef3 on Sept 11, 2019 23:28:58 GMT -5
Cornette's relevance to modern wrestling or lack thereof is completely...well, irrelevant here. He's 100% in the right. That all being said, I'd have more respect for Janela's position if he wasn't using tennis rackets and invoking Cornette by name on his national wrestling appearances. The high road doesn't seem to really exist for anyone high up in AEW or their friends. I'm sure Cornette's heart is broken anytime someone gives him material for his podcast, and I say that as someone who listen to him in chunks. Cornette adores it when people give him something to gripe about. He owes Janela a Christmas ham at this point. As for the topic of Cornette's relevance, he's part of MLW still, isn't he? That and the podcast, it's not like he's a nonentity. Is Janela more relevant? If not now, he's going to be when AEW's TV is a thing. Doesn't really make much difference either way in what's just a stupid feud that ultimately probably benefits both guys to keep going, so they do. I only speak for me but as a bigger Cornette fan than most on this board, I've been listening to fewer and fewer of his Drive-Thrus because the episode descriptions seemingly revolve entirely around AEW, death match guys, Janela, and modern wrestling via questions sent in by people wanting to rile Jim up. I want more shit with Cornette delving into history or doing the occasional in-depth review of a modern show as necessary, without either a.) half-assing it like he did for All Out, or b.) mindlessly instead of thoughtfully deconstructing Omega and Bucks matches. I say this as a guy whose opinion of both Kenny and the Young Bucks can be generously described as "ambivalent."
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Mozenrath
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Post by Mozenrath on Sept 11, 2019 23:39:27 GMT -5
I'm sure Cornette's heart is broken anytime someone gives him material for his podcast, and I say that as someone who listen to him in chunks. Cornette adores it when people give him something to gripe about. He owes Janela a Christmas ham at this point. As for the topic of Cornette's relevance, he's part of MLW still, isn't he? That and the podcast, it's not like he's a nonentity. Is Janela more relevant? If not now, he's going to be when AEW's TV is a thing. Doesn't really make much difference either way in what's just a stupid feud that ultimately probably benefits both guys to keep going, so they do. I only speak for me but as a bigger Cornette fan than most on this board, I've been listening to fewer and fewer of his Drive-Thrus because the episode descriptions seemingly revolve entirely around AEW, death match guys, Janela, and modern wrestling via questions sent in by people wanting to rile Jim up. I want more shit with Cornette delving into history or doing the occasional in-depth review of a modern show as necessary, without either a.) half-assing it like he did for All Out, or b.) mindlessly instead of thoughtfully deconstructing Omega and Bucks matches. I say this as a guy whose opinion of both Kenny and the Young Bucks can be generously described as "ambivalent." Same, really. Like, if I'm listening to Cornette, it tends to be stuff like talking about SMW or Memphis or Mid-South. That interests me much more than most of the rant kind of stuff does.
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Facetious
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Post by Facetious on Sept 11, 2019 23:41:17 GMT -5
I honestly adore Jim when he's playing historian, but he's become such a rotten dude who can only sell himself by hate mongering. Raver is more pissed that Cornette claimed he was begging for money, when it was his peers that set the GFM up.
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Mozenrath
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Post by Mozenrath on Sept 11, 2019 23:44:51 GMT -5
I honestly adore Jim when he's playing historian, but he's become such a rotten dude who can only sell himself by hate mongering. Raver is more pissed that Cornette claimed he was begging for money, when it was his peers that set the GFM up. On that front, Cornette's a piece of shit, yeah, I just think he's in the right when it comes to not having his likeness used like this without his permission.
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Facetious
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Post by Facetious on Sept 11, 2019 23:49:53 GMT -5
I honestly adore Jim when he's playing historian, but he's become such a rotten dude who can only sell himself by hate mongering. Raver is more pissed that Cornette claimed he was begging for money, when it was his peers that set the GFM up. On that front, Cornette's a piece of shit, yeah, I just think he's in the right when it comes to not having his likeness used like this without his permission. I'm not doubting that at all, I'm pretty sure he was trying to rile Corny up more than anything, as childish as it was.
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Post by The 1Watcher Experience on Sept 12, 2019 0:48:20 GMT -5
Is Janela shipping orders of this size out to his fans daily? No idea but he runs his own successfull wrestling event and is part of a national tv show. Much more relevant overall. Janela has a decent 40K following on twitter while Cornette has well over 150K followers. Seems Cornette is much more relevant even now. Overall it’s easily Cornette.
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Post by Mozenrath on Sept 12, 2019 1:04:05 GMT -5
No idea but he runs his own successfull wrestling event and is part of a national tv show. Much more relevant overall. Janela has a decent 40K following on twitter while Cornette has well over 150K followers. Seems Cornette is much more relevant even now. Overall it’s easily Cornette. Depends on what your metric is. Cornette's got the bigger fanbase, but he's got the much smaller platform, MLW compared to AEW. When TV starts, it's going to be an even bigger gulf. Neither guy is a nobody by any stretch, in any case.
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Post by Deleted on Sept 12, 2019 2:42:18 GMT -5
I’m pretty mixed on Cornette (probably disagree with him/annoyed with him about 70% of the time) but this death match boy sounds like trash too.
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Post by Oh Cry Me a Screwball on Sept 12, 2019 2:42:27 GMT -5
Janela has a decent 40K following on twitter while Cornette has well over 150K followers. Seems Cornette is much more relevant even now. Overall it’s easily Cornette. Depends on what your metric is. Cornette's got the bigger fanbase, but he's got the much smaller platform, MLW compared to AEW. When TV starts, it's going to be an even bigger gulf. Neither guy is a nobody by any stretch, in any case. Cornette isn't in MLW right now, which is apparently Cornette's decision from what I understand. Schiavone took over color commentary on the last set of tapings. On the other hand, Janela main evented a big AEW show this year which was also Jon Moxley's first match in the US after he left WWE. That's a pretty big deal no matter how you slice it, even if it ends up being the only show he ever headlines in AEW.
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Mozenrath
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Post by Mozenrath on Sept 12, 2019 2:55:18 GMT -5
Depends on what your metric is. Cornette's got the bigger fanbase, but he's got the much smaller platform, MLW compared to AEW. When TV starts, it's going to be an even bigger gulf. Neither guy is a nobody by any stretch, in any case. Cornette isn't in MLW right now, which is apparently Cornette's decision from what I understand. Schiavone took over color commentary on the last set of tapings. On the other hand, Janela main evented a big AEW show this year which was also Jon Moxley's first match in the US after he left WWE. That's a pretty big deal no matter how you slice it, even if it ends up being the only show he ever headlines in AEW. Ah, gotcha. And yeah, I don't think Janela will likely be a main eventer under normal circumstances, but still, he's obviously got potentially a very sweet gig. Makes me wonder how it's all going to shape up.
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chazraps
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Post by chazraps on Sept 12, 2019 2:59:38 GMT -5
Correct me if I'm wrong, but isn't it a DRAWING of Cornette? And, if so, wouldn't that bea drawing G-Raver got permission to use? Or was it a drawing of Cornette that Corny himself had already used on his stuff. As a copyright hobbyist, Jim Cornette is a public figure and if the art is original art that doesn't trace a specific known photograph or Cornette and that Cornette doesn't own the rights too, and the shirt doesn't say his name, there's nothing really he can do. It's not mistakable for a piece of Cornette merchandise, it's not a threat on a shirt, so it would fall under the grounds as protected by the first amendment. Sure, but maybe Cornette shouldn't have wished literal death on G-Raver on his podcast to begin with. This is a major point. He wished death on a fellow human being who he's never met. That person selling a t-shirt in response shouldn't be an issue. I make my packages look the same when I mail out stuff. The most orders I think I’ve gotten in a day was in the 30s. It can be a pain in the ass doing it all by yourself when you’re just mailing 30 things and want to maintain a consistent professional look. 300 must be an even bigger pain in the ass especially if you’re doing it consistently. You mailed me a blu-ray seven years ago and it arrived in pristine, incredible condition. Thanks again for that!
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