Re: Our images and the WWW

[gene360@xxxxxxxxx]

In a nutshell..................................... Amen!

"Dan Smith, Photographer" wrote:

> ----- 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