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And Sometimes the Courts Get It Right


5 years 4 months ago #620659 by garyrhook
petapixel.com/2018/12/12/media-companies...b9&mc_eid=655f27b8b5

Um, duh.

Using a photo for illustrative purposes is not fair use, it's not editorial.

Hope the guy makes a killing in the judgment. Especially against Hearst. :-D :-D
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5 years 4 months ago #620664 by KCook
Ok, it's nice that he is getting compensation. But I don't see his copyright mark on the photo?

dummy
Canon 50D, Olympus PL2
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5 years 4 months ago #620705 by effron
That is good news, and there are going to be more judgments like this to follow....
Why so serious?
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5 years 4 months ago #620788 by garyrhook

KCook wrote: Ok, it's nice that he is getting compensation. But I don't see his copyright mark on the photo?


That's irrelevant. The law is clear that copyright is inherent in the creation of a "thing", and the point here is that one cannot take someone else's property and do what one wishes, without permission and/or compensation. That was the judge's whole point, and fundamental to the law.

Putting a watermark on a photo has nothing to do with it. Copyright applies to more than just photographs... do we hear "the following piece of music is copyright 2017 by such-and-so" whenever we hear a song on the radio? No, we don't. Because a mark isn't required on any created thing.

We need to get away from thinking that copyright issues are tied solely to one type of created thing. And make the effort to understand the law, and the rights granted there-in.
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The following user(s) said Thank You: KCook
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5 years 4 months ago #620795 by Troponin
Good stuff. Thanks for posting Gary. 

We have had a discussion in the past that I have too many doubts in the courts and coupled with insane costs, it’s a nightmare. You have made me a bit more optimistic and hope to see ongoing improvements in our system. 
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5 years 4 months ago #620868 by garyrhook

Troponin wrote: We have had a discussion in the past that I have too many doubts in the courts and coupled with insane costs, it’s a nightmare. You have made me a bit more optimistic and hope to see ongoing improvements in our system. 


Well, we have to keep fighting the good fight, and stay on top of idiots that want to interpret things in illogical ways. What I especially like about this one is that it is the opposite of the recent case about the local tour company that used someones images on their website, and a judge ruled it "fair use". (Bah!) With enough work, it will get sorted out.

This is part of why we need a small claims court, too, for infringement cases. Since these issues are under federal law, it becomes too expensive to pursue (as you note). The best we can do as photographers is to educate ourselves first, and get involved (Copyright Alliance, for example).

The law is clear, and I am hopeful that, in time, even fools will understand how to rule.
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5 years 4 months ago #620906 by effron
Like stated, more brewing...... www.cbsnews.com/news/facebook-breach-lat...o-6-8-million-users/
Why so serious?
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5 years 4 months ago #620925 by Frost Photography
Agree, this falls outside of fair use.  Good read.  Interesting.  
"The quickest way to make money at photography is to sell your camera."
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5 years 4 months ago #620974 by Studio Queen
Good post interesting story,
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5 years 4 months ago #621017 by Ian Stone
:thumbsup:  and that's how it's done!
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5 years 4 months ago #621189 by Photo Junky
And they did and yes, that Facebook breach is pretty bad.  Come to think of it, Facebook has been in hot water for some time now.  
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