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Thread: Copyright 101

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  1. #1
    Senior Member readingr's Avatar
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    Re: Copyright 101

    Quote Originally Posted by Ronnoco
    I agree with you. Compounding the problem however is that if you have dealt with companies and large organizations, you find that the policies of the best, bend the law to the breaking point in their favour, and the worst sink to an even lower level.

    Legally, a light display would seem impossible to prove original (a copyright requirement) and impossible to duplicate or prove infringement. To use legal terms a photo is definitely not by any interpretation a substantial copy (another requirement) of the light show. (artistic work).

    Ronnoco
    Ronnoco would you mind if I call you Ron as I can never remember how to spell Ronnoco.

    The problem with the Eiffel Tower is that it comes under French Law and I believe that in France all property has to be covered by an agreement before money can be made from the sale of photographs of that property.

    What I don't know is, if you post this on a Web site in another country to make money from the photo whether French Law comes into play or is it covered by the laws of the country you are posting it in?

    Copyright law is different and dependant on the country. I beleieve that the EU is trying to unify the Copyright law as in Poland for instance you can share anything that is copyrighted amongst your immediate family (this includes uncles, aunts, nieces and nephews)

    Roger
    "I hope we will never see the day when photo shops sell little schema grills to clamp onto our viewfinders; and the Golden Rule will never be found etched on our ground glass." from The mind's eye by Henri Cartier-Bresson

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  2. #2
    Senior Member Ronnoco's Avatar
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    Re: Copyright 101

    Quote Originally Posted by readingr
    Ronnoco would you mind if I call you Ron as I can never remember how to spell Ronnoco.

    The problem with the Eiffel Tower is that it comes under French Law and I believe that in France all property has to be covered by an agreement before money can be made from the sale of photographs of that property.

    What I don't know is, if you post this on a Web site in another country to make money from the photo whether French Law comes into play or is it covered by the laws of the country you are posting it in?

    Copyright law is different and dependant on the country. I beleieve that the EU is trying to unify the Copyright law as in Poland for instance you can share anything that is copyrighted amongst your immediate family (this includes uncles, aunts, nieces and nephews)

    Roger
    No problem. Ron is fine.

    By agreement, Canada, US, Britain etc. recognize and protect the intellectual work of authors from other countries but under their own copyright laws.

    Technically it is possible on the Internet to NOT infringe American copyright law for example and TO infringe the copyright law of another country. Of course, until tested in court in the other country, it is not even certain whether any infringement has taken place at all. If infringement in the other country was even proved, apparently lawyers feel than enforcement in the US is next to impossible.

    This is of course the reason why the various copyright conventions such as the Berne one and also Free Trade treaties etc. are trying to harmonize copyright laws to avoid this kind of situation. This is also why copyright laws in most countries tend to be very similar.

    It should also be pointed out that there are a lot of gray areas in the copyright laws of all countries in that what may be in the law has not been tested in court. Only blatant infringement usually gets to court, because the cost of instituting a law suit is about $50,000. Continuing the process of course adds to that amount. (In the US it may be more) The fact that legal costs MAY only be recovered if you win and can actually collect them (OJ apparently hasn't paid yet) means that it is quite a gamble. Lawyers, also will not work on any contingency percentage unless they are absolutely certain that they can collect either.

    Ronnoco

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