Archived posting to the Leica Users Group, 2015/07/08
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Here's a link that explains Fair Use nicely. http://library.nsula.edu/fair-use/ (Notice I attributed it before I *fairly used* it on the University Webpage) On Wed, Jul 8, 2015 at 9:04 AM, 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 > > > > On Jul 8, 2015, at 4:19 AM, Peter Dzwig <pdzwig at summaventures.com> > wrote: > > > > I agree, obviously I wish that he had got Leica's permission. I presume > all the > > photogs ceded at least some of their rights to Leica. > > > > If he is intending to create an archive of issues for public access and > with at > > least a reasonable lifespan, then he is performing a service both to the > Leica > > community and to photography as a whole, using copies which we assume > that he > > purchased himself. > > > > However I doubt that the archive will have permanence beyond maybe ten > years or > > so, unless others get involved and Leica give it their blessing. > > > > Obviously I understand your perspective but there is a tension here. If > nothing > > were done a resource of historical importance - to some, at least - > would be > > lost. How do we resolve the issue between preserving an archive of any > sort and > > copyright in this fast changing world? Private collections always were > the route > > to preservation. There would after all be no British Museum without the > Cotton > > Collection and bequest. > > > > Peter > > > > On 08/07/2015 06:18, Nathan Wajsman wrote: > >> Exactly! > >> > >> 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 00:07, Bryan Caldwell <bcaldwell51 at earthlink.net> > wrote: > >>> > >>> > >>> The fact that something is out of print does not mean the copyright > has lapsed. And, a disclaimer does not establish fair use. If the copyright > holder chooses to challenge the use, that will be decided in a court of > law. A disclaimer is no defense. Either it is fair use or it isn't. > Something reproduced in its entirety tends to argue against fair use. Fair > use is much more likely to apply to excerpts from protected material. > >>> > >>> Bryan Caldwell > >>> > >>> > >>> > >>> > >>> -----Original Message----- > >>>> From: Bill Clough <billclough042541 at gmail.com> > >>>> Sent: Jul 7, 2015 10:14 AM > >>>> To: Leica Users Group <lug at leica-users.org> > >>>> Subject: Re: [Leica] Leica Fotographie Magazine downloads...... > >>>> > >>>> Went to the download site an d got the 404 message. > >>>> > >>>> --Bill > >>>> > >>>> On Tue, Jul 7, 2015 at 12:08 PM, Nathan Wajsman <nwajsman at > >>>> gmail.com> > wrote: > >>>> > >>>>> OK, looking at this ?disclaimer?: > >>>>> > >>>>> ?These long out-of-print reference materials are presented under fair > >>>>> use?no challenge to any copyright held by Leica Camera is intended.? > >>>>> > >>>>> My question is answered. > >>>>> > >>>>> 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 07 Jul 2015, at 07:10, Nathan Wajsman <photo at frozenlight.eu> > wrote: > >>>>>> > >>>>>> Is this legal? > >>>>>> > >>>>>> 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 07 Jul 2015, at 07:03, Frank Filippone <red735i at verizon.net> > wrote: > >>>>>>> > >>>>>>> Per www.Leicarumors.com > >>>>>>> > >>>>>>> > >>>>>>> > >>>>>>> The website LeicaPhotographyArchive started uploading online scans > of > >>>>> old > >>>>>>> Leica Photography magazines that can be used as a reference for > anything > >>>>>>> related to Leica cameras and Leitz company. All scanned magazines > can be > >>>>>>> accessed here. You can add the scans to your Google drive and then > >>>>> download > >>>>>>> them (total of 876MB so far). This is an ongoing project, so check > the > >>>>>>> website in the future for new additions to the archive. Here is a > >>>>> screenshot > >>>>>>> of the currently available issues: > >>>>>>> > >>>>>>> > >>>>>>> > >>>>>>> Go here.. > >>>>>>> > >>>>>>> > >>>>> > https://drive.google.com/folderview?id=0B8lOGuzhswtkfkpycElRWGdNN0NvbjdJek1Y > >>>>>>> cHNmVnFyQVJTSUlScURhWTZJdVo1d1JDZGs > >>>>>>> < > >>>>> > https://drive.google.com/folderview?id=0B8lOGuzhswtkfkpycElRWGdNN0NvbjdJek1 > >>>>>>> YcHNmVnFyQVJTSUlScURhWTZJdVo1d1JDZGs&usp=sharing> &usp=sharing > >>>>>>> > >>>>>>> > >>>>>>> > >>>>>>> > >>>>>>> > >>>>>>> > >>>>>>> > >>>>>>> Frank Filippone > >>>>>>> > >>>>>>> Red735i at verizon.net > >>>>>>> > >>>>>>> > >>>>>>> > >>>>>>> > >>>>>>> _______________________________________________ > >>>>>>> Leica Users Group. > >>>>>>> See http://leica-users.org/mailman/listinfo/lug for more > information > >>>>>>> > >>>>>> > >>>>> > >>>>> > >>>>> _______________________________________________ > >>>>> Leica Users Group. > >>>>> See http://leica-users.org/mailman/listinfo/lug for more information > >>>> > >>>> _______________________________________________ > >>>> Leica Users Group. > >>>> See http://leica-users.org/mailman/listinfo/lug for more information > >>> > >>> > >>> _______________________________________________ > >>> Leica Users Group. > >>> See http://leica-users.org/mailman/listinfo/lug for more information > >> > >> > >> _______________________________________________ > >> Leica Users Group. > >> See http://leica-users.org/mailman/listinfo/lug for more information > >> > > > > -- > > > > =========================================================== > > Dr Peter Dzwig > > > > > > _______________________________________________ > > Leica Users Group. > > See http://leica-users.org/mailman/listinfo/lug for more information > > > _______________________________________________ > Leica Users Group. > See http://leica-users.org/mailman/listinfo/lug for more information -- Regards, Sonny http://sonc.com/look/ Natchitoches, Louisiana 1714 Oldest Permanent Settlement in the Louisiana Purchase USA