Archived posting to the Leica Users Group, 2000/03/24

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Subject: Re: [Leica] Photos on the Web
From: "William" <ohlen@sierratel.com>
Date: Fri, 24 Mar 2000 12:28:32 -0800

John Collier writes:


|Which is exactly my point. For there* OWN LEGAL PROTECTION, they ask you to
|give up copyright just to the FILE. Maybe I need to take a writing course as
|I do not seem to be communicating that well on this thread.


I don't think you are slipping, John.  I don't think your are giving up
anything in reality , though.  I think it is more of a hold harmless clause
for MSN.

Let's couch this in slightly different terms.  Let's say that I hire Mark
Rabiner to take my portrait (with a Leica of course).  I buy three prints from
Mark.  I take one of the prints and post to the MSN site.  Have I given up
copyright?  No, I don't own the copyright.  Mark owns the copyright.  I cannot
give up something that I do not own... that is to say, I cannot give MSN the
copyright... only Mark can do that if he so chooses.

Have I violated Mark's copyright by posting the portrait on MSN?  I don't
know.  If I claimed authorship, I would imagine so (but show me damages).  If
I put it there so that Aunt Leonore or anyone else interested in looking at my
portrait --- I would argue that this was fair use of the photographic print
which I purchased --- which argument may or may not be accepted depending upon
how the contract to buy the print was phrased.

The point is that the internet is relatively anonymous.  I really don't know
if you are who you say you are and if you have any rights that can be
transferred.  I cannot image responsible person/corporation trying to use my
(who?)  photographs and opening the "can" of liabilities involved.

It's analogous to being in the stock market...if you cannot sleep at night,
get out....If you lay awake at night worrying about someone stealing your
photographs on the internet, put them in an album and don't show them to
anyone.

William