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Rant/Bitch about copyright and my senior portrait

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  #11  
Old 08-13-2007, 06:41 PM
Mark Adams's Avatar
Mark Adams Mark Adams is offline
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Re: Rant/Bitch about copyright and my senior portrait

Quote:
Originally Posted by madclark View Post
I think the issue comes down to the difference between commercial applications versus personal use, and in this case archival application.
Well put. I think this may be the primary reason I'm so irked about the policy at my only quicky photo printer.

It's a shame they can't find a way to accommodate reasonable business, but that would require effort, training, expense, etc. In the meantime, I'm looking at the alternatives I should have already trained myself to use.

Thanks.
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  #12  
Old 08-13-2007, 06:43 PM
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Mark Adams Mark Adams is offline
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Re: Rant/Bitch about copyright and my senior portrait

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Originally Posted by Mike View Post
Do you really expect archival quality from a discount store????
Not really, but for $5 I can replace it with a brand new, fresh print every 90 days and still come out ahead.
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  #13  
Old 08-13-2007, 06:45 PM
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Mark Adams Mark Adams is offline
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Re: Rant/Bitch about copyright and my senior portrait

Okay, thanks for the input.

I'm glad I got that out of my system.
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  #14  
Old 08-13-2007, 06:55 PM
BillFrey BillFrey is offline
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Re: Rant/Bitch about copyright and my senior portrait

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Originally Posted by Mark Adams View Post
Indeed. And what happens when someone like me who can't scan and edit their own images hires you for restoration, then you find out some photog's lawyer is out for your ass because you "violated his copyright?'

How do you get a client to hold you harmless?
That's the entire point... I decided not to go into the restoration business because it's not worth the time needed to be legally protected.

IMHO, one should be able to hire a restorer for non profit, personal use. It makes no sense to me that the burden is on the restorer to find out if the client has the legal right to provide a photograph for restoration.

I think it's a joke that the photographer that took my high school picture (who is still in business at the same location) holds the copyright to my picture. It's a photo for a HS yearbook that he was highly paid for, not a work of art. As the law stands now, I can't scan it in and make a painting of it, or fix any damage and print it out. I can't even scan it and put it on cd legally.

The copyright that universally covers photographs/photographers is flawed.
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  #15  
Old 08-13-2007, 10:12 PM
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Mark Adams Mark Adams is offline
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Re: Rant/Bitch about copyright and my senior portrait

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Originally Posted by BillFrey View Post
The copyright that universally covers photographs/photographers is flawed.
Hear! Hear!
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  #16  
Old 08-15-2007, 01:10 PM
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Craig Walters Craig Walters is offline
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Re: Rant/Bitch about copyright and my senior portrait

gentlemen, rather than enter my own personal view here, here is the source information for copyrights in the U.S.: http://www.copyright.gov/

and i believe this is the part of the law you are looking for:

Quote:
My local copying store will not make reproductions of old family photographs. What can I do?
Photocopying shops, photography stores and other photo developing stores are often reluctant to make reproductions of old photographs for fear of violating the copyright law and being sued. These fears are not unreasonable, because copy shops have been sued for reproducing copyrighted works and have been required to pay substantial damages for infringing copyrighted works. The policy established by a shop is a business decision and risk assessment that the business is entitled to make, because the business may face liability if they reproduce a work even if they did not know the work was copyrighted.

In the case of photographs, it is sometimes difficult to determine who owns the copyright and there may be little or no information about the owner on individual copies. Ownership of a “copy” of a photograph – the tangible embodiment of the “work” – is distinct from the “work” itself – the intangible intellectual property. The owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer living, the rights in the photograph are determined by the photographer’s will or passed as personal property by the applicable laws of intestate succession.

There may be situations in which the reproduction of a photograph may be a “fair use” under the copyright law. Information about fair use may be found at: www.copyright.gov/fls/fl102.html. However, even if a person determines a use to be a “fair use” under the factors of section 107 of the Copyright Act, a copy shop or other third party need not accept the person’s assertion that the use is noninfringing. Ultimately, only a federal court can determine whether a particular use is, in fact, a fair use under the law.
which came from this page of the copyright site:
http://www.copyright.gov/help/faq/fa...e.html#copying
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