Archived posting to the Leica Users Group, 2001/06/15

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Subject: Re: [Leica] Copyright questions
From: "Mxsmanic" <mxsmanic@hotmail.com>
Date: Fri, 15 Jun 2001 09:06:54 +0200
References: <E75C3A130E1ED3119BD400508B4AA23B027D2144@exgau36004.mel085spr.au.anz>

Lucian G. writes:

> As a lay-person / photographer (and ex-academic)
> interested in these issues I understand that
> copyright law usually allows "reasonable" and "fair"
> copying for educational and artistic purposes.

You may be alluding to "fair use" provisions in copyright law.  These are far
more restrictive than many academics believe, and as a general rule, you can get
away with many unauthorized uses of copyrighted material, not because they
represent "fair use," but because there is simply nothing to be gained for the
copyright holder in suing you (you aren't making vast amounts of money, or
affecting his reputation, or whatever).

In some jurisdictions, not only does "fair use" not exist (at least not in
statute), but the creator of a work has very strong "moral" rights that
practically prohibit you even looking at his work without permission.  I
consider these excessive, but they are widespread; fortunately, the U.S. is more
concerned about tangible effects of infringement than about some abstract
"moral" infringement.

> On the same point I always take the view that
> anything in the public arena is fair game to be
> photographed - so long as it's "reasonable" (I know,
> fairly nebulous and vague definition here).

That's a separate issue from copyright, although the principle you state is
widely applicable.  And like everything in this domain, it is indeed nebulous
and vague.

> Sorry, a bit off topic - but copyright always raises
> some interesting issues.

Copyright and trademark law are mostly a headache for me.  They are much more
likely to restrict my photo work than to protect it.  And I am not too concerned
about my own copyrights, unless someone is making a pile of money from
unauthorized use of my photos (yeah, right!) or somehow using them to damage my
reputation (such as it is!).

In reply to: Message from "Griffith, Lucian" <griffil1@anz.com> (RE: [Leica] Copyright questions)