Appropriation artists beware! Andy Baio of Waxy.org created Kind of Bloop, a chip-tunes version of the legendary ‘Kind of Blue’ album by Miles Davis. Awesome… until he got sued for copyright infringement of the cover.
Baio had meticulously licensed each song, but didn’t “clear” the cover image photograph. Although it seems perfectly reasonable that the pixelated version qualifies as “fair use,” photographer Jay Maisel sued Baio for “violating” him. Following the example of the Shepard Fairey vs. the AP fiasco, Baio settled out of court for $32,500. Losing the law suit would have cost much more. Kind of bull.
So What Kind of Bloop cover: