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Author Topic: copyright law broken  (Read 4716 times)

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« on: October 17, 2007, 02:40 »
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story over on erikso.com

Too bad they didn't have the $$ to bring this case to it's just ending.  Not that they needed to be greedy, but i think it was very poor of the company to not say where they had used the image!!

on a side note, while i was reading the article it mentions a guy called Jon Bing.  That name sounded familiar and yup, it was a regular at the espresso bar i used to work at before going full time with photography :)


« Reply #1 on: October 17, 2007, 03:34 »
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I've mentioned before that I work remotely as a photo researcher for an online educational publishing company. While we develop educational content, we are a profit making company. I just forwarded the article to my boss. It's pretty remarkable how many people in in the biz are ignorant of copyright issues--my boss and the course writers included.

I recently sent my boss a caution about not using Shutterstock "editorial use only" images in our courses. Her response was "Really?" And our course writers are so jazzed up about using images they just google any picture and include it in the text. I'm currently working on an Art History course, and of course the author has devoted a lot of text about Picasso's Guernica and wants to include the picture in the course. All we can legally do is use a link to the image developed by an educational institution (educational institutions are exempt and can, and do, use anything.)

As course developers coming from an educational setting where anything goes, it's really difficult getting them to understand and believe in copyright issues. Maybe this article will impress them--probably not. But I keep trying.

P__

« Reply #2 on: October 17, 2007, 07:59 »
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(educational institutions are exempt and can, and do, use anything.)

As course developers coming from an educational setting where anything goes, it's really difficult getting them to understand and believe in copyright issues. Maybe this article will impress them--probably not. But I keep trying.

P__

I don't know how it is in other countries, but here in the U.S., educational institutions aren't exempt from stealing people's images.  They can use any image under an "editorial" license (no model release required) but they cannot blatantly steal an image from a photographer and use it however or whenever they want.  This is one of the main reasons I refuse to sell editorial images under a RF license - I have plenty being offered at various RM agencies available under an RM license.

« Reply #3 on: October 17, 2007, 08:34 »
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I don't know how it is in other countries, but here in the U.S., educational institutions aren't exempt from stealing people's images.  They can use any image under an "editorial" license (no model release required) but they cannot blatantly steal an image from a photographer and use it however or whenever they want.  This is one of the main reasons I refuse to sell editorial images under a RF license - I have plenty being offered at various RM agencies available under an RM license.
Um since you do live in the US you could be familar with the uniquely US common law of "Fair Use", as long as they don't use them in advertising educational institutions pretty much can use your image without your permission.

« Reply #4 on: October 17, 2007, 11:14 »
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Oh boy, here we go again  ::)

rather than providing snippets just for the point of rocking the boat why don't you educate everyone with the four factor test, etc., etc.

Then, let's apply it to real life. 

A textbook manufacturer (of say a history book) cannot profit from the pirating of images for use in their textbooks that are sold to schools (they can use the images under an "editorial license"), however a teacher can make copies of an article to distribute to the class to discuss an issue. 

There is also a distinction with relation to the first factor which specifically states "nonprofit educational purposes" in other words, if Notre Dame University charges their students $10 so they can sit in a common area and watch an NFL football game, it does not necessarily constitute "fair use" since it is for entertainment - not necessarily educational purposes.  If their football coach replayed scenes from the game to teach his "students" how to better play the game, then it very well may fall under fair use laws.

To blatantly say "we can do anything we want"  or "educational institutions are exempt and can, and do, use anything" is like writing a blank check - it isn't true. 

There is a difference and no, they can't do anything they want.
« Last Edit: October 17, 2007, 11:17 by wysiwyg_foto »

« Reply #5 on: October 17, 2007, 16:44 »
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rather than providing snippets just for the point of rocking the boat why don't you educate everyone with the four factor test, etc., etc.
...
To blatantly say "we can do anything we want"  or "educational institutions are exempt and can, and do, use anything" is like writing a blank check - it isn't true. 
Well I had two choices, either provide a "snippet" where people could go and look up fair use on their own. Or I could write a long drawn out explanation. Didn't have time for the latter, so went with the former.  For instance, if I did a long drawn out explanation I'd also have to include a discussion on governmental immunity since many educational institutions in this country are state institutions that have not been exempted from sovereign immunity.

However, I like your example.

« Reply #6 on: October 17, 2007, 17:10 »
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This is pathetic. Imagine the grief you would get if you stole some of their story and reprinted it without their permission.

But this has been my experience with the media. I have had major newspapers steal my story ideas even to the point of repeating quotes I made in the submission as content.


 

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