Re: Our images and the WWW

["Dan Smith, Photographer" <shooter@xxxxxxxxxxx>]

----- Original Message -----
From: "Robert Erickson"

> Do some free for all web host have disclaimers to keep
> them out of legal trouble, heavens yes. Has there ever
> been a single case of GeoCities selling a member's
> image to anybody, Hell NO!

Sorry Robert, but a legal disclaimer and terms & conditions taking all
rights forever, in any medium known or unknown, in all the universe, are
different things entirely. As for no single case of GeoCities selling
members images-we don't know without a complete audit of their business.
Even if they have not done it so far, if they grab your rights nothing will
prevent them from doing so in the future.


>
> First the bad news: The truth is that everything on
> the world wide web can be stolen with a "click".
> EVERYTHING! Like it or not that is a fact of life.

And Banks can be robbed. That is a fact of life also. Still doesn't make it
legal or right.




You
> may own the legal rights but enforcing them world wide
> is physically impossible. Forget about even trying.
> Have you gone to http://www.altavista.com lately? They
> now have a  power search that looks for photographs on
> the web. It's like handing a gun to criminals. All
> that you need to do is put in a key word and you will
> get thousands of images to steal by simply by right
> clicking on them. Don't like it? Stay off the
> internet.

Then again, maybe when one thief is found that has financial backing we can
nail the bastard to the legal cross & attach their bank account. Also, when
their ISP is notified of the theft, if they don't take the person off the
web account, they can be held liable as well.


>
> Now the good news: World wide web graphics must be by
> nature low resolution. High resolution photo quality
> images can take hours of downloading to view. Try
> making a blow-up of a web based photograph on your
> photo quality inkjet and see what you get. Give it a
> try, save my images.

Why wast my time. It has been done before and even these "low res" images
are good enough for most newspaper uses and many smaller magazine uses.



>
> Remember, all rights are reserved. I am telling you
> that you may not use any of my images for anything. If
> you do, how will I know and what can I do if I did
> know?

If you don't care enough to do anything when you find out, by whatever
means, what does it matter. For some of us, finding out is enough to at
least start the process of letting the thieves know it is illegal & action
can and will be taken. If is is 'innocent infringement', we can educate the
individual.






BTY- in order to view an image on the web the
> file must be loaded onto your computer and saved. The
> law allows individuals to make copies and save
> copyrighted material for their own personal use.

Better go back & set up a paid session with an intellectual property
attorney. This one is still a no-no.




That
> is why libraries have have copy machines in them and
> Video Cassette Recorders are in every home. Copying a
> movie off TV for your own personal enjoyment is legal,
> selling copies of that tape is a not.


Nope, it isn't. The fact that many do it doesn't make it legal. Copy
machines in libraries are relying on 'fair use' doctrine, a narrowly defined
exception to copyright law. Most of the library copy machines also post
copyright infringement notices, or are supposed to, to try & reduce their
liability.

With the recent passage of the Ditital Millenium Copyright Act, we have more
protection than before, including mandatory criminal actions & increased
monetary penalties for infringements.

Enforcing this may be difficult, but not impossible. Finding out takes many
forms, from friends seeing a recognizable image & telling you to blind luck
in seeing the thief posting your work on his site. Just because it may be
difficult is not reason to give up your rights.

And, dealing with any internet service that states up front that using their
service gives them YOUR property is stupid, stupid, stupid.

DAN SMITH