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10-12-2004, 08:19 AM
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#11
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Quote:
As a photographer I know for a fact that the Photograph can't be printed or used in any form without the consent of the photographer.
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Use of a photo for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
( http://www.copyright.gov/title17/92chap1.html#107)
Correct me if I'm wrong.
Mark
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10-12-2004, 10:34 AM
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#12
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You left out one important part of the law:
"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
Determination of fair use is the stickler. "The nature of the copyrighted work" is vague enough to allow for enforcement of the copyright.
The original owner can enforce copyright because the intial post made no reference what so ever about the original owner of the work which is the violation of copyright:
"§ 106A. Rights of certain authors to attribution and integrity37
the author of a work of visual art shall have the right to claim authorship of that work."
Everything else goes out the window once the work is presented without mention of the person who owns said copyrighted material.
I love this stuff.
Regards,
Terry
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10-12-2004, 10:39 AM
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#13
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Quote:
Everything else goes out the window once the work is presented without mention of the person who owns said copyrighted material.
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Right on... I knew there was something I was missing .
So, do you agree that if he had posted the source, there would not have been a copyright violation?
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10-12-2004, 05:06 PM
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#14
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If he would have credited my name or website to the picture I would not have given 2 craps that he posted the pic....... Terry, You are full of good info...... I cant wait to see what you post next.... Anyway, Thanks for looking out guys and girls......
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10-27-2004, 11:30 PM
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#15
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Quote:
Originally posted by Hognose_311
ISSUE OF COPYRIGHTS
Based on the following Supreme Court decision (Feist Publications, Inc. v. Rural Internet Service Co., 499 US 340, 349(1991), an article can be electronically printed or copied, in its entirety, if complete attribution is included: author, date, publication and that its copyrighted, and published by a non-profit organization that receives no money for its publication. This means that herp societies, that dont charge membership fees, have to summarize an article since both parties tacitly agree that by no payment of membership dues, they're not paying for certain services, such as receipt of the graphic image.
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did u even bother reading what you posted?, or did it fly over your head? either way it dont apply to you stealing other images from people and posting them.
here lemme get you a real quote
Quote:
A copyright gives the owner the exclusive right to reproduce, distribute, perform, display, or license his work. See § 106 of the act. The owner also receives the exclusive right to produce or license derivatives of his or her work. See § 201(d) of the act. Limited exceptions to this exclusivity exist for types of "fair use", such as book reviews. See § 107 of the act. To be covered by copyright a work must be original and in a concrete "medium of expression." See § 102 of the act. Under current law, works are covered whether or not a copyright notice is attached and whether or not the work is registered.
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as quoted from http://www.law.cornell.edu/topics/copyright.html
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