RetouchPRO

Go Back   RetouchPRO > Business > Legal Issues
Register Blogs FAQ Site Nav Search Today's Posts Mark Forums Read


Legal Issues Copyright, releases, likeness rights, licenses, etc.
NOT a replacement for professional council

copyright laws

Reply
 
Thread Tools
  #31  
Old 06-17-2003, 02:41 PM
Jim Conway's Avatar
Jim Conway Jim Conway is offline
Senior Member
 
Join Date: Nov 2001
Location: Oregon City, Oregon
Posts: 212
God here I go raining on your parade again however, more facts are coming to light on the photo you are working with. If indeed it was from a photo made for a Church Directory there is a good chance that it holds several copyrights including the book publisher as well as the photographer!

Easy to run down - all you need to do is for you or your client to Email the church and ask - they will undoubtedly have a copy of the book and can tell you who published it as well as giving you the name of the photographer. If neither is any longer in business (or more likely one of the large organizations that specialized in church directories, never kept the negatives and could care less), you'll get your needed release with an e-mail or maybe a phone call..

If you determine who took the photo and ask for permission and they refuse to answer, you are home free but at least go to the trouble of asking even if you don't agree with me that it's an "earned" option by and for the creator! I also noted that you stated something about discussion "on air" and hope others here do pick up on that. If you openly advocate copyright violations in an open forum you better keep in mind that these forums are NOT private records and your posts concerning "sources" to try for someone willing to make an illegal copies may (at the least convenient moment) come back to haunt you! Lawyers love to name "multiple parties" to any action!

Jim Conway
Reply With Quote top
  #32  
Old 06-17-2003, 02:52 PM
Jim Conway's Avatar
Jim Conway Jim Conway is offline
Senior Member
 
Join Date: Nov 2001
Location: Oregon City, Oregon
Posts: 212
Fair use in copyright

"Fair use" is for educational purposes only - not anything that you can fall back on in a commercial venture where your intent is to make a financial gain.

If you were using the photo for a web site "explanation" and there were many others on the same site being used to illustrate various points (like this forum) coupled with the idea that there is no direct income involved, your use of a copyrighted photo would probably qualify under the fair use provisions of the law.

Glad to see you really digging in on this!

Jim Conway
Reply With Quote top
  #33  
Old 06-17-2003, 06:04 PM
cinderella cinderella is offline
Senior Member
 
Join Date: Jul 2002
Posts: 154
Thanks Jim, Hope this is as easy as it sounds. Hope my friend knows what church her parents attended in a different city.!!!
Whew!!!
Reply With Quote top
  #34  
Old 06-17-2003, 06:07 PM
cinderella cinderella is offline
Senior Member
 
Join Date: Jul 2002
Posts: 154
As to the "on air" I was afraid that Jak might get in trouble with WM . I am not asking for , nor do I want, any illegal advice.
Reply With Quote top
  #35  
Old 06-17-2003, 09:18 PM
Jim Conway's Avatar
Jim Conway Jim Conway is offline
Senior Member
 
Join Date: Nov 2001
Location: Oregon City, Oregon
Posts: 212
You said "I am not asking for, nor do I want, any illegal advice."

You have made that obvious in your determination to follow up and look for answers and I applaud your effort. I just tossed that out here as a general reminder to everyone reading these posts.

In today's news re copyrights, Orin Hatch wants the legislators to put a clause in the law allowing the feds to destroy your computer if they find any unauthorized copyrighted material on it. Absurd in the extreme! Looking for common ground seems to be very difficult on this rather hot topic and it's not just on this forum!!

Jim Conway
Reply With Quote top
  #36  
Old 06-17-2003, 09:29 PM
cinderella cinderella is offline
Senior Member
 
Join Date: Jul 2002
Posts: 154
Thanks for the laugh to end my day !!!
Reply With Quote top
  #37  
Old 06-17-2003, 09:33 PM
Jakaleena's Avatar
Jakaleena Jakaleena is offline
Senior Member
 
Join Date: Mar 2002
Location: Phoenix, Arizona
Posts: 709
The only thing I can accept as permission to print a copy a professional photograph would be a signed release from the photographer. If someone brought me a filled out page 6, I'd have to check with my district manager to see if it would be acceptable. I have no idea what the Photo Center Manager at your local Wal-Mart would do, but I expect they'd either have to decline it or ask as well.

BTW, just as a side note - last night one of the girls who works for me was harrassed by someone who works at my WM (not in the Photo Center) because she declined to copy her prints. I had to step in and explain it, and the woman made it well known to me too that she was severely unhappy about it. Even our fellow employees (this woman was not the first one by any means) are often less than understanding about the position we have to take on this.....
Reply With Quote top
  #38  
Old 06-17-2003, 09:47 PM
spinnnz's Avatar
spinnnz spinnnz is offline
Junior Member
 
Join Date: Apr 2003
Location: North of Boston
Posts: 27
This has been a very interesting and informative thread. Thanks for all the good information. I have a question that I think follows under the same lines and maybe one of you can answer it for me.
What do you do for a print service that says its a professional proof, and its really not. There are a lot of really high quality prosumer digital cameras out there today and add that to the magic that photoshop can perform, I would think someone could fool some people into think it was a professional job. For Example, I changed the background for my Aunt & Uncle who were dancing at their son's wedding. Somebody gave them the photo, it had a window in the background and was in front of a table with a bunch of empty glasses on the back of it. I painstakingly cloned the background from a very small portion of the wall until I was happy with the shot. My Aunt & Uncle were thrilled with it and said it looked like a professional photo. How would I prove that it wasn't and I manipulated it in order to get it printed?

-Lisa
Reply With Quote top
  #39  
Old 06-17-2003, 09:52 PM
Jakaleena's Avatar
Jakaleena Jakaleena is offline
Senior Member
 
Join Date: Mar 2002
Location: Phoenix, Arizona
Posts: 709
Show them the original snapshot...
Reply With Quote top
  #40  
Old 06-19-2003, 12:43 AM
CJ Swartz's Avatar
CJ Swartz CJ Swartz is offline
Senior Member
 
Join Date: Sep 2001
Location: Metro Phoenix area, Arizona
Posts: 3,345
Blog Entries: 19
Quote:
Hatch Takes Aim at Illegal Downloading
Tue Jun 17, 7:07 PM ET

By TED BRIDIS, Associated Press Writer

WASHINGTON - The chairman of the Senate Judiciary Committee (news - web sites) said Tuesday he favors developing new technology to remotely destroy the computers of people who illegally download music from the Internet.

The surprise remarks by Sen. Orrin Hatch, R-Utah, during a hearing on copyright abuses represent a dramatic escalation in the frustrating battle by industry executives and lawmakers in Washington against illegal music downloads....

...He said damaging someone's computer "may be the only way you can teach somebody about copyrights."
News item about copyright infringement - Congress investigation
Reply With Quote top
Reply

  RetouchPRO > Business > Legal Issues


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Copyright Duv Legal Issues 17 09-27-2007 08:33 PM
Copyright again bcarll Legal Issues 3 12-10-2006 11:03 PM
Another interesting Copyright question TheTexan Legal Issues 4 09-03-2002 08:14 PM
Copyright free images d_kendal Legal Issues 8 05-22-2002 06:38 PM
Non-work related copyright Ed_L Legal Issues 2 04-29-2002 06:02 PM


All times are GMT -6. The time now is 03:17 AM.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
SEO by vBSEO ©2011, Crawlability, Inc.
Copyright © 2016 Doug Nelson. All Rights Reserved