Archived posting to the Leica Users Group, 2015/07/08
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]This was my point, too. We always get worked up over theft of someone?s picture, whether commercial or not, so we should not condone copyright infringement in other contexts either. Cheers, Nathan Nathan Wajsman Alicante, Spain http://www.frozenlight.eu http://www.greatpix.eu PICTURE OF THE WEEK: http://www.fotocycle.dk/paws Blog: http://nathansmusings.wordpress.com/ Cycling: http://www.crazyguyonabike.com/belgiangator YNWA > On 08 Jul 2015, at 16:04, Bryan Caldwell <bcaldwell51 at earthlink.net> > wrote: > > I did some checking (I?m an attorney) and much of this material is subject > to a U.S. Copyright of 95 years without having to be renewed. Whether or > not they are of historical significance is legally irrelevant, just as > whether they are still in print is irrelevant. It is the copyright > holder?s choice as to what is done with them. If the copyright holder > chose to destroy them they would be completely entitled to do so. > > ?Fair use? is a term of art in copyright law. Two things that argue > strongly against this falling within the fair use exception is that the > works are reproduced in their entirety and that they are posted for > download to all comers. My strong suspicion is that this would not fall > within the fair use exception. Any disclaimer accompanying the downloads > is meaningless. > > Another way to look at this is to ask yourself how you would feel if > someone gained access to your photographs and, without your permission, > posted them to the world for download. > > There are some potential sub-issues here as well. I assume that Leica > Fotographie obtained releases from the photographers whose work is > involved (as well as those photographers obtaining release from their > subjects) and those releases may have been for limited use - a single > publication, for instance. This current use may not just be infringing > upon Leica Fotographie?s copyright, but against the copyright holders of > the content within. > > As much as I would like to, I will not be downloading any of this. > > Bryan Caldwell > >