End The Drought Posted December 27, 2019 Share Posted December 27, 2019 (edited) For anyone who is not aware, this is the “Dallas is going down Gary” fellow. Get a load of this guy!! Edited December 27, 2019 by End The Drought 4 1 Link to comment Share on other sites More sharing options...
JoshAllenHasBigHands Posted December 27, 2019 Share Posted December 27, 2019 Never meet your heroes. 5 16 1 Link to comment Share on other sites More sharing options...
Captain Hindsight Posted December 27, 2019 Share Posted December 27, 2019 Sounds like he may be getting some bad advice. I would think at the least, it s better to have a lawyer call the Bills instead of using twitter... 4 1 2 Link to comment Share on other sites More sharing options...
May Day 10 Posted December 27, 2019 Share Posted December 27, 2019 its not very disappointing to me they used the video 1 1 Link to comment Share on other sites More sharing options...
End The Drought Posted December 27, 2019 Author Share Posted December 27, 2019 1 minute ago, Captain Hindsight said: Sounds like he may be getting some bad advice. I would think at the least, it s better to have a lawyer call the Bills instead of using twitter... Absolutely. He is getting bashed on Twitter Link to comment Share on other sites More sharing options...
Motorin' Posted December 27, 2019 Share Posted December 27, 2019 He's totally right. You can't use someone's voice and image in advertising without licensing those rights. He's going to get paid, and he should. That's how the world works. 4 3 Link to comment Share on other sites More sharing options...
SWATeam Posted December 27, 2019 Share Posted December 27, 2019 He thinks he "owns" that video? Link to comment Share on other sites More sharing options...
aristocrat Posted December 27, 2019 Share Posted December 27, 2019 yea who owns the video at this point? the tv station 25 years later? the bills might have bought it. guy is trying to sell shirts and stuff but might have overthought his actual demand. 1 Link to comment Share on other sites More sharing options...
MJS Posted December 27, 2019 Share Posted December 27, 2019 Wasn't that video of him recorded by a news outlet? Link to comment Share on other sites More sharing options...
JoshAllenHasBigHands Posted December 27, 2019 Share Posted December 27, 2019 1 minute ago, Motorin' said: He's totally right. You can't use someone's voice and image in advertising without licensing those rights. He's going to get paid, and he should. That's how the world works. If he created the video, you might be right. However, that is not the case here. I am fairly certain the Bills are free to use reproductions of that video. 5 Link to comment Share on other sites More sharing options...
Clemfield2622 Posted December 27, 2019 Share Posted December 27, 2019 2 minutes ago, Motorin' said: He's totally right. You can't use someone's voice and image in advertising without licensing those rights. He's going to get paid, and he should. That's how the world works. No, he's not. News footage is public domain, not private property. 16 1 Link to comment Share on other sites More sharing options...
JinxedBill Posted December 27, 2019 Share Posted December 27, 2019 I don’t think it’s his IP. If it is he has every right to ask for royalties Link to comment Share on other sites More sharing options...
Bobby Hooks Posted December 27, 2019 Share Posted December 27, 2019 (edited) Poor move. He should be using this 15 minutes to help elevate himself. The fact that the Bills themselves are using his video is free publicity. All he going to do is ruin his ties with the Bills and in turn ruin the relationship with the fans. No one, player, fan, etc... is bigger than the emblem on the side of the helmet. Fatal error. Edited December 27, 2019 by Bobby Hooks 7 Link to comment Share on other sites More sharing options...
End The Drought Posted December 27, 2019 Author Share Posted December 27, 2019 3 minutes ago, Motorin' said: He's totally right. You can't use someone's voice and image in advertising without licensing those rights. He's going to get paid, and he should. That's how the world works. The video belongs to the news station that broadcasted it 1 Link to comment Share on other sites More sharing options...
davefan66 Posted December 27, 2019 Share Posted December 27, 2019 Thought the video was trash back in the day, have not changed my mind. If he owns the rights, he should get paid. Just like the Bills would expect to get paid for their logo on a bag of chips. 2 Link to comment Share on other sites More sharing options...
Motorin' Posted December 27, 2019 Share Posted December 27, 2019 (edited) 7 minutes ago, aristocrat said: yea who owns the video at this point? the tv station 25 years later? the bills might have bought it. guy is trying to sell shirts and stuff but might have overthought his actual demand. It depends, if he signed a release at the time of filming, that release likely granted the company rights to his image and voice in perpetuity. They would also likely have the right to license it. But a lot of news channels don't use releases for "news" bc their footage is covered under the first amendment ... If the company that originally filmed didn't use a release that granted them the rights to the footage and the rights to assign it, Mark has a case. 5 minutes ago, Clemfield2622 said: No, he's not. News footage is public domain, not private property. No it's not. You can't use news footage without paying the company that filmed it. And it costs a pretty penny. But there's a difference between news footage and using a person's likeness and personality to sell in advertising. Edited December 27, 2019 by Motorin' 1 1 1 Link to comment Share on other sites More sharing options...
T master Posted December 27, 2019 Share Posted December 27, 2019 4 minutes ago, Motorin' said: He's totally right. You can't use someone's voice and image in advertising without licensing those rights. He's going to get paid, and he should. That's how the world works. Can you say Turd ? The guy hasn't been thought of in over 20 yrs & they bring that video back & the first thing in todays modern way of thinking is SUE, I'm going to SUE you what a ? ! 1 1 Link to comment Share on other sites More sharing options...
sodbuster Posted December 27, 2019 Share Posted December 27, 2019 What else would you expect from a dude who pushed a kid out of the way to get his face on TV? 1 1 Link to comment Share on other sites More sharing options...
Teddy KGB Posted December 27, 2019 Share Posted December 27, 2019 3 2 Link to comment Share on other sites More sharing options...
ChevyVanMiller Posted December 27, 2019 Share Posted December 27, 2019 18 minutes ago, End The Drought said: For anyone who is not aware, this is the “Dallas is going down Gary” fellow. Get a load of this guy!! 5 3 Link to comment Share on other sites More sharing options...
Gugny Posted December 27, 2019 Share Posted December 27, 2019 I'm sure the Bills' legal team vetted this out more than Marc Miller and "his people," did. What a schmuck. 4 1 1 Link to comment Share on other sites More sharing options...
billsfanmiami(oh) Posted December 27, 2019 Share Posted December 27, 2019 Looks like he’s trying to cash in. He also spouted some stuff about Resurgence brewing a couple weeks back but then just saw he tweeted something the other day promoting an event there. Seems like poor taste and or he’s getting some bad advice. Link to comment Share on other sites More sharing options...
JoshAllenHasBigHands Posted December 27, 2019 Share Posted December 27, 2019 9 minutes ago, Motorin' said: It depends, if he signed a release at the time of filming, that release likely granted the company rights to his image and voice in perpetuity. They would also likely have the right to license it. But a lot of news channels don't use releases for "news" bc their footage is covered under the first amendment ... If the company that originally filmed didn't use a release that granted them the rights to the footage and the rights to assign it, Mark has a case. No it's not. You can't use news footage without paying the company that filmed it. And it costs a pretty penny. But there's a difference between news footage and using a person's likeness and personality to sell in advertising. Do you know if this would qualify for the public person exception? Link to comment Share on other sites More sharing options...
RiotAct Posted December 27, 2019 Share Posted December 27, 2019 9 minutes ago, T master said: Can you say Turd ? The guy hasn't been thought of in over 20 yrs & not true, I watched the video ad nauseam before our matchup with the Cowboys in 2011. Link to comment Share on other sites More sharing options...
Ridgewaycynic2013 Posted December 27, 2019 Share Posted December 27, 2019 23 minutes ago, Captain Hindsight said: Sounds like he may be getting some bad advice. I would think at the least, it s better to have a lawyer call the Bills instead of using twitter... Just following the lead of most of the ‘movers and shakers’ of the NFLPA. ? 1 Link to comment Share on other sites More sharing options...
Steptide Posted December 27, 2019 Share Posted December 27, 2019 Only way he'll get any money out of this is if he owns the rights to that original news piece. Otherwise, stop being a douche and enjoy your 15 mins of fame 3 Link to comment Share on other sites More sharing options...
Motorin' Posted December 27, 2019 Share Posted December 27, 2019 22 minutes ago, End The Drought said: The video belongs to the news station that broadcasted it The video itself does, but unless he signed his rights away, he still owns the rights to his likeness and voice. I also don't get the animosity here. The Bills are a billion dollar company and used the guy in a commercial to sell a couple million dollars worth of tickets. 4 Link to comment Share on other sites More sharing options...
The Firebaugh Kid Posted December 27, 2019 Share Posted December 27, 2019 I wonder if he charged Every Time I Die to introduce them at their Xmas show too. Cmon Marc enjoy your 15. Link to comment Share on other sites More sharing options...
H2o Posted December 27, 2019 Share Posted December 27, 2019 I would say CTE, but this is probably more the result of a bunch of drunks trying to come up with a plan to get rich. 1 Link to comment Share on other sites More sharing options...
Motorin' Posted December 27, 2019 Share Posted December 27, 2019 2 minutes ago, Steptide said: 3 minutes ago, Steptide said: Only way he'll get any money out of this is if he owns the rights to that original news piece. Otherwise, stop being a douche and enjoy your 15 mins of fame So, if you got interviewed by a news channel about your favorite beer, and later on your face was on bill boards promoting that beer all across the country, you don't think you own the rights to your own image? 1 1 Link to comment Share on other sites More sharing options...
Gugny Posted December 27, 2019 Share Posted December 27, 2019 It appears that he complained about this a month ago. Not only the Bills, but a beer company who sold beer with his face on the cans. My guess is that he turned to Twitter when the Bills didn't "pay him" enough. https://wben.radio.com/articles/dallas-is-going-down-gary-fan-reflects-on-fame-and-bills From 11/28: “They decided, without my permission, to put a likeness of me on that can of beer,” Miller said. “I was told they sold out of the beer and everything the day they did their introduction of that type of beer. I thought it was very distasteful. Number one, I don’t drink. Not that I’m against alcohol, it’s just never been in my life.” He said he was told by that company they didn’t need to have his permission to use his likeness. “Well I think you’re gonna have a problem with that one legally,” he said. “It’s just not cool to do that in my opinion. I would never take advantage of a client or person for monetary gain. I just wouldn’t do it. To me, it’s just a shame on you for doing that.” He also was caught off guard when the Buffalo Bills used his likeness to promote ticket sales in a commercial. “They should call me and give me a suite or something,” Miller quipped. “You can’t just take a likeness of someone and use it for promotional gain. Unless you’re gonna let me use Josh Allen on my website to promote my company.” 2 Link to comment Share on other sites More sharing options...
badassgixxer05 Posted December 27, 2019 Share Posted December 27, 2019 Call a lawyer and have them send a letter head. Don't take to twitter with your hand out. Bad taste. Be a legend and reap the rewards on the DL. 3 Link to comment Share on other sites More sharing options...
timekills17 Posted December 27, 2019 Share Posted December 27, 2019 I kind of agree with him using his likeness for the beer sales. I suppose there's technically no difference between the Bills using his likeness for "advertising"/"ticket sales" then there is for a beer company, but he tacitly approved of the Bills with the original intent of the video. While I think his going after the Bills is in poor taste (I can't speak to the legality), I think the beer company using his image without approval is in even worse taste. Which is probably appropriate, given what I've heard about the beer... Link to comment Share on other sites More sharing options...
Bferra13 Posted December 27, 2019 Share Posted December 27, 2019 I believe this originally aired on George Michaels Sports Machine. Not a local news broadcast... But they may have got the video from the local news so who knows. 1 Link to comment Share on other sites More sharing options...
MJS Posted December 27, 2019 Share Posted December 27, 2019 17 minutes ago, Motorin' said: The video itself does, but unless he signed his rights away, he still owns the rights to his likeness and voice. I also don't get the animosity here. The Bills are a billion dollar company and used the guy in a commercial to sell a couple million dollars worth of tickets. I'm sure their use of the video didn't impact their ticket sales in any meaningful way. Link to comment Share on other sites More sharing options...
badassgixxer05 Posted December 27, 2019 Share Posted December 27, 2019 4 minutes ago, timekills17 said: I kind of agree with him using his likeness for the beer sales. I suppose there's technically no difference between the Bills using his likeness for "advertising"/"ticket sales" then there is for a beer company, but he tacitly approved of the Bills with the original intent of the video. While I think his going after the Bills is in poor taste (I can't speak to the legality), I think the beer company using his image without approval is in even worse taste. Which is probably appropriate, given what I've heard about the beer... Resurgence said on their twitter that they reached out to him. Not sure what the outcome was. From his comments I'm guessing they reached out and he said well what are you doing for me $$$? They said, well your likeness is public, were not paying you anything we just want you to be apart of this great beer. Kinda disappointed as I was pumped for this release but they were out of stock already when i tried to get some. Kinda glad i didn't now... Link to comment Share on other sites More sharing options...
Gugny Posted December 27, 2019 Share Posted December 27, 2019 23 minutes ago, Motorin' said: The video itself does, but unless he signed his rights away, he still owns the rights to his likeness and voice. I also don't get the animosity here. The Bills are a billion dollar company and used the guy in a commercial to sell a couple million dollars worth of tickets. You think people buy tickets because of commercials? Link to comment Share on other sites More sharing options...
plenzmd1 Posted December 27, 2019 Share Posted December 27, 2019 5 Link to comment Share on other sites More sharing options...
Mike in Horseheads Posted December 27, 2019 Share Posted December 27, 2019 2 minutes ago, Gugny said: You think people buy tickets because of commercials? Late night infomercials and case a beer sells stuff great Link to comment Share on other sites More sharing options...
aristocrat Posted December 27, 2019 Share Posted December 27, 2019 5 minutes ago, Gugny said: You think people buy tickets because of commercials? you don't believe in the power of advertisements? Link to comment Share on other sites More sharing options...
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