Interesting Copyright Decision

Discussion in 'Articles of Interest' started by KmH, Feb 16, 2018.

  1. KmH

    KmH Helping photographers learn to fish Supporting Member

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    This is a copyright infringement case worth following towards its conclusion:
    Judge Rules News Publishers Violated Copyright by Embedding Tweets of Tom Brady Photo

    Mentioned in the article are the following copyright infringement cases:
    https://en.wikipedia.org/wiki/American_Broadcasting_Cos._v._Aereo,_Inc.
    Perfect 10, Inc. v. Amazon.com, Inc. - Wikipedia.
    https://en.wikipedia.org/wiki/Capitol_Records,_LLC_v._ReDigi_Inc.


     
  2. vin88

    vin88 TPF Noob!

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    so - photos, and tweets need copy rights? if i wanted to sell one of my pix. how is copy right used? vin
     
  3. KmH

    KmH Helping photographers learn to fish Supporting Member

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  4. Derrel

    Derrel Mr. Rain Cloud

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    It's too bad the reporting in the news story ends as follows, without providing any significant insight into what these statements mean.


    "This doesn't mean the news organizations have necessarily lost the case.

    In response to a warning from defendants that a loss would "cause a tremendous chilling effect on the core functionality of the web," she notes a number of unresolved strong defenses to liability.

    "In this case, there are genuine questions about whether plaintiff effectively released his image into the public domain when he posted it to his Snapchat account," she writes. "Indeed, in many cases there are likely to be factual questions as to licensing and authorization. There is also a very serious and strong fair use defense, a defense under the Digital Millennium Copyright Act, and limitations on damages from innocent infringement.
    "
     
  5. vintagesnaps

    vintagesnaps Been spending a lot of time on here!

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    I noticed that too, was the photo put into public domain by posting it on Snapchat? I don't think people look at Terms on a site to know what they've agreed re: usage of their photos.
     
  6. KmH

    KmH Helping photographers learn to fish Supporting Member

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    No.

    Terms of Service – Snap Inc.
    Snapchat Support - Copyright
     
  7. vin88

    vin88 TPF Noob!

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    thanks for the info. ill try to fix the profile. i am not uist with forums and spell check.. vim
     
  8. Derrel

    Derrel Mr. Rain Cloud

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    here's part of what Snapchat tells users:

    "
    For all content you submit to the Services other than Public Content, you grant Snap Inc. and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

    Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed)."

    As mentioned in the original news article, Fair Use arguments can easily be made for what happened in the case at hand.

    Publishing something ALSO grants Fair Use rights to subsequent re-publishers...something KMH repeatedly has tried to ignore in his more or less ongoing campaign over the last more or less 10 years, in what appears to me to be an ongoing and repeated campaign to instill fear among TPF readers that ANY use of ANY content by subsequent posters constitutes a copyright violation....this post he's made continues in that pattern of repeated fear-mongering and ignoring of Fair Use provisions in US copyright law and jurisprudence.

    As the judge HERSELF wrote: "....There is also a very serious and strong fair use defense, a defense under the Digital Millennium Copyright Act, and limitations on damages from innocent infringement.""
     
    Last edited: Feb 17, 2018
    • Agree Agree x 1
  9. john.margetts

    john.margetts No longer a newbie, moving up!

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    To make everything more complicated, you might well be a USA citizen, posting from an address in the USA, but I am reading your post in the EU, and my usage of your post is governed by EU copyright law - which does not include Fair Use provisions. And vice versa for my posts - I am posting under EU copyright law which has no Fair Use provisions - are you good people in the USA allowed to make Fair Use of my posts?
     
  10. vin88

    vin88 TPF Noob!

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    I did not know about EU law. I am in the US and don't know its photo law - I just keep taking pix., thanks for the info. vin
     
  11. BananaRepublic

    BananaRepublic No longer a newbie, moving up!

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    Dont all this platforms, facebook twitter et al. state that once a picture is uploaded then it becomes there property in some technical sense as you have agreed to there T&Cs
     
  12. KmH

    KmH Helping photographers learn to fish Supporting Member

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    Emphasis added.

    Fair use is not a cut & dried doctrine.
    Section 107 US Copyright Act deals with fair use.
    Read the Notes section of Cornell Law Schoo'ls "General Background of the Problem" of determining if a use might be fair, or not.
    Emphasis added.

    The Copyright.gov web site is down for weekend maintenance. The site has a section, US Copyright Office Fair use Index, that addresses the complexities of determining if a use is fair or not.
    One can also look at Columbia University's Fair Use information to see how involved determining if a use might be fair or not.
    US Copyright Office Fair Use Index
    Stanford Copyright and Fair Use Center
    Center for Media and Social Impact
     
    Last edited: Feb 18, 2018

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