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Another approach to image theft



 
 
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  #11  
Old November 13th 05, 05:23 AM
Michael Benveniste
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Default Another approach to image theft

"Stujoe" wrote:

That is a good question. I am pretty sure I cannot build an exact copy
of some building in the US (after 1990 or something) but can I even take
a picture of it without permission? And, if I take a picture of it with
no artistic merit to it at all that anyone else could take the exact
same photo of on any day, is it able to be copyrighted?


Under US Copyright Law, you can take a picture of a building without
permission. Pictoral Representations are permitted explicitly by
17 USC 120. And yes, both pictures can have valid copyrights that
don't infringe on each other. Part of proving a copyright violation
is proving access to the original work.

This is not necessarily the case in other countries. For example,
you don't need permission to take a picture of the Eiffel Tower
during the day. You do need permission to the a night shot.

Other law can limit your right to photograph or use the photograph.
For example, the art gallery can legally enforce a prohibition
against photography from it's private property. The most famous
example of this is the "lonesome cypress" tree on the 17-mile drive
at Pebble Beach. The contract to gain access allows you to take
all the pictures you want for personal use, but if you want to sell
the shot you need a license.

Another example is the Flatiron building in New York. A corporation
has a trademark on the building, which places limits on how you
may commercially use a photograph.

How about if I go to an art gallery and take a picture of a 200 year old
painting that is just the painting and nothing else? Do I own the
copyright on that photo if it is indistinguishable from any other photo
take by any other tourist at any time? How about if I scan a 200 year
old photo?


When you make a derivitive work of something in the public domain,
you only gain copyright in your own contribution to the work. So
yes, you own the copyright, but no, you can't enforce it against
someone else who has taken a shot of the same old work. For
example, anyone can publish Shakespeare's plays and register a
copyright. But at most, you can gain copyright over the layout,
annotations, illustrations, etc. The Bard's work remains public
domain.

--
Michael Benveniste --
Spam and UCE professionally evaluated for $419. Use this email
address only to submit mail for evaluation.


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  #12  
Old November 13th 05, 05:30 AM
Michael Benveniste
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Default Another approach to image theft

"????" wrote:

What would the civil penality be if they refused to stop using you photo?


In the U.S., it depends on such things as the timing of copyright
registration. If you register the copyright more than three
months after first publication, and the infringement occurs prior
to registration, recovery is limited to injunctive relief plus
actual damages.

Otherwise, in addition to the above remedies, you can recover
statuatory damages plus potentially recover attorney's fees.
This is all covered in 17 USC 412 and 17 USC 501-513.

--
Michael Benveniste --
Spam and UCE professionally evaluated for $419. Use this email
address only to submit mail for evaluation.



  #13  
Old November 13th 05, 12:45 PM
Sibirskmoneta
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Default Another approach to image theft


"Dale Hallmark" wrote in message
...
I have found many ebay listings that have quoted my writing from my site
about specific items.
Some even provided a link to my site and said if interested more
information here.
I really am very flattered by it. What is even more flattering is that
some of the sellers were German and some Austrian
which if you are familiar with my site, you might think they would know
more about the items on my site than I do.



I would not be flattered if they were linking to, or using information from
my site to sell overpriced stuff or somehow defraud eBay buyers(come on,
eBay is self policing, that never happens) There was recently someone on
UKRCC that linked my site in one of their auctions, I think it was for a
17th century English Token, anyway I had them hastily remove the link. I
want no association with anybody else's eBay auctions.


  #14  
Old November 13th 05, 03:15 PM
Dave Hinz
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Default Another approach to image theft

On Sun, 13 Nov 2005 06:45:32 -0500, Sibirskmoneta wrote:

There was recently someone on
UKRCC that linked my site in one of their auctions, I think it was for a
17th century English Token, anyway I had them hastily remove the link. I
want no association with anybody else's eBay auctions.


Seems to me like a great time to replace that image with a graphic of the
words "The guy selling this coin is using my bandwidth and my images
without my permission. Are you sure you want to do business with
someone like that?"

  #15  
Old November 13th 05, 03:22 PM
Dave Hinz
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Default Another approach to image theft

On Sat, 12 Nov 2005 22:44:50 GMT, Stujoe wrote:
I don't buy it but Wikipedia seems to take the position that pictures of
US coins ineligible to be copyrighted.


For the record, anyone could edit the Wikipedia to say that George
Washington was a space alien.

http://en.wikipedia.org/wiki/Image:Morgan_dollar.jpg
http://en.wikipedia.org/wiki/Template:Money-US


Ah, I think I see the confusion. Wikipedia doesn't allow posting of
copyrighted images, but: just because _this_ image of a Morgan dollar
isn't copyrighted, doesn't mean that _no_ images of a Morgan dollar can
be copyrighted. When you post an image to Wikipedia, you're required to
certify that it's not a copyrighted image. Best way to do that is to
make it yourself, which is how I do it. But that doesn't mean that
later, I can't make a _copyrighted_ image of exactly the same thing.

Dave Hinz
  #16  
Old November 13th 05, 03:23 PM
Dave Hinz
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Default Another approach to image theft

On Sun, 13 Nov 2005 13:10:21 +1100, Jeff R wrote:

Does Andy Warhol own the rights to his prints, even though they are slavish
copies?


Yes.

How about a photograph of a famous public building? Who owns the rights to
the photo? The photographer or the architect?


The photographer. Please don't get distracted by wikipedia's policy
of not accepting copyrighted images. Has nothing to do with it.
  #17  
Old November 13th 05, 03:57 PM
Jeff R
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Default Another approach to image theft


"Dave Hinz" wrote in message
...
On Sun, 13 Nov 2005 13:10:21 +1100, Jeff R wrote:

Does Andy Warhol own the rights to his prints, even though they are

slavish
copies?


Yes.

How about a photograph of a famous public building? Who owns the rights

to
the photo? The photographer or the architect?


The photographer. Please don't get distracted by wikipedia's policy
of not accepting copyrighted images. Has nothing to do with it.


Sorry Dave.
I was asking rhetorically.

--
Jeff R.


  #18  
Old November 13th 05, 04:27 PM
Reid Goldsborough
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Default Another approach to image theft

On Sat, 12 Nov 2005 16:32:58 -0600, "Dale Hallmark"
wrote:

I like the way you handled your situation and if you get that $100; are you
going to
invest it in a coin? ;-) I know I would. lol


Of course. Is there any better way to spend discretionary funds? g

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Consumer:
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Connoisseur: http://rg.ancients.info/glom
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  #19  
Old November 13th 05, 05:31 PM
Dave Hinz
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Default Another approach to image theft

On Mon, 14 Nov 2005 01:57:23 +1100, Jeff R wrote:

"Dave Hinz" wrote in message
...
On Sun, 13 Nov 2005 13:10:21 +1100, Jeff R wrote:

How about a photograph of a famous public building? Who owns the rights

to
the photo? The photographer or the architect?


The photographer. Please don't get distracted by wikipedia's policy
of not accepting copyrighted images. Has nothing to do with it.


Sorry Dave.
I was asking rhetorically.


Nothing to be sorry for, Jeff. Text is a lousy transport mechanism for
subtlety.

Dave

  #20  
Old November 13th 05, 06:09 PM
Jorg Lueke
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Default Another approach to image theft


Michael Benveniste wrote:
"????" wrote:

What would the civil penality be if they refused to stop using you photo?


In the U.S., it depends on such things as the timing of copyright
registration. If you register the copyright more than three
months after first publication, and the infringement occurs prior
to registration, recovery is limited to injunctive relief plus
actual damages.

Otherwise, in addition to the above remedies, you can recover
statuatory damages plus potentially recover attorney's fees.
This is all covered in 17 USC 412 and 17 USC 501-513.

One thing some lawyers have mentioned to me is that if you ever want to
file for damages you need to register the copyright. Is that correct?

 




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