Re: Title 17 US Code section 107

From: Skywise (
Date: Mon May 30 2011 - 19:05:41 UTC

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    Thomas Goodey wrote:
    > On 28 May 2011 at 13:44, Skywise wrote:
    >> Here's some scenarios and my take on them.
    >> 1: A person presents images to the list but reserves all rights, not
    >>     even allowing others to do anything with the images...
    > He can only reserve rights that he actually has. He has no right to 
    > stop people looking at the images he presents, or commenting upon 
    > them for research or other fair use purposes.
    (caveat: this is US centric)
    Copyright is granted automatically. All rights are reserved
    automatically. The author must explicitly release any rights
    they so choose. It used to be that you had to register a
    copyright in order to preserve your rights, but no more.
    Yes, anyone can view the images. Anyone can comment on them.
    The problem is, what if someone wants to do further processing
    on the images and post them. It's possible that they can not
    unless that right has been specifically granted.
    By clearly stating usage rights, it clarifies any questions
    about what can or cannot be done with the images, eliminates
    any arguments over what can be done, and keeps the lawyer sharks
    out of the picture.
    >> 2: A person presents images and releases all their rights and places
    >>     the images into the public domain...
    > For scientific purposes, this is the obvious optimum.
    Again, if the owner grants the necessary rights or gives
    permission, release to the public domain is not required.
    >> 3: A person presents images and states clearly that others may use
    >>     the images for non-profit purposes of evaluation, discussion, and
    >>     education...
    > But they can anyway, by law, so there is no need to state the fact.
    Apparently I do need to state the facts as a lot of folks here
    don't seem to know much about copyright law. I am no expert but
    it appears I know enough to have realized way back that this would
    turn into a problem. Yet, I got shot down for even bringing up the
    topic. Yet exactly THAT has happened.
    If people don't want to address what can become a serious legal
    issue, I guess I can't force it. But don't look at me when someone
    gets ticked at someone else posting processed versions of their
    images and decides to sue somebody. It only takes one idiot who
    thinks they have been 'hurt' and has the money to take it to court
    to ruin everybody's day here.
    I guess I shouldn't care as I have no dog in this fight. I don't
    do any imaging of the type appropriate to this list, and don't
    have the skills to analyze anyone else's images. I just thought I
    would be of service by bringing up a subject I am aware of and
    have some knowledge on because it is relevant.
    BTW, I have had to deal with a copyright violation personally. I
    had someone misappropriate one of my images on my website and use
    it as the basis of a company logo. It never needed to go to court
    as the problem was taken care of upon my notification to the other
    party. But in dealing with this I had to do a lot of reading about
    copyright so I could learn what *MY* rights were.
    -- - Lasers, Seismology, Astronomy, Skepticism
    Sed quis custodiet ipsos Custodes?
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