Court decides snatching online phots OK

Discussion in 'Digital Discussion & Q&A' started by MartinCrabtree, Jul 5, 2018.

  1. MartinCrabtree

    MartinCrabtree No longer a newbie, moving up!

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  2. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

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    Wow.... :eek:
     
  3. Braineack

    Braineack Been spending a lot of time on here!

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    the fact that it made it to federal court after the festival removed it from the site is more shocking...
     
  4. BananaRepublic

    BananaRepublic No longer a newbie, moving up!

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  5. Braineack

    Braineack Been spending a lot of time on here!

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    Stealing a TV is not the same thing as reproducing copyrighted work (in the view of the law).
     
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  6. 480sparky

    480sparky Chief Free Electron Relocator Supporting Member

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    It has to be a federal court. Copyright laws are federal. There are no state, county/parrish or civic copyright laws.
     
  7. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

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    This is the part with which I have the greatest issue; the fact that it exists means that there is a copyright; the terms of use are a different matter, but does this idiotjudge expect that we are to publish a copyright & use document with every image? As me old Mum used to say, "You may not know whose property it is, but you damn sure know whose it is not!"
     
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  8. smoke665

    smoke665 TPF Supporters Supporting Member

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    Here's another take on the judge's ruling. I'm wondering if the judge took the stance of considering the image chattel rather than intellectual rights. Several of the points brought up in the ruling seemed to be leaning toward property rights. This could be a dangerous direction if so, because in this country there are laws that state if someone sends you property without your consent you can keep it and are under no obligation to pay for it. Then the question will become at what point does the image (property) change hands, and does viewing it on you personal computer constitute an unauthorized transfer.

    Here's a similar argument if I post a program on the internet for analyzing the optimum entry and exit points on a stock trade, with no use restrictions, and a 3rd party uses it to make a million dollars in the market. Is that 3rd party obligated to pay me anything for my program?
     
  9. limr

    limr Moderator Staff Member Supporting Member

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    The ruling can be appealed, and it's also fairly narrow in scope. I am not saying it will have NO effect, but I am also not convinced that this will have the far-reaching effects that people fear.
     
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  10. Braineack

    Braineack Been spending a lot of time on here!

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    let me rephrase: the fact that it made it to court after the festival removed the image from the site is more shocking...
     
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  11. MartinCrabtree

    MartinCrabtree No longer a newbie, moving up!

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    It does however set a dangerous precedent. And yes sparky it's a federal court.
     
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  12. Braineack

    Braineack Been spending a lot of time on here!

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    that's only (1/2) point out of (4) to determine fair use.

    Even if they were lying about the copyright, they immediately removed the image when they were contacted -- the judge determined that to be in good faith.

    the second half of that point, quoted two cases where the creative elements of the image didn't matter if it was an argument of depicting historical fasts. Since the Festival was using it as an image to depict Adam's Morgan on their site the judge concluded the creative elements didn't matter.

    I really don't see the problem with the judge here, the problem is, like with most laws, the law itself. In this case: U.S. Code › Title 17 › Chapter 1 › § 107
     
    Last edited: Jul 5, 2018

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