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Author Topic: Court Rules Copying Photos Found on Internet is Fair Use  (Read 9096 times)

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Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #50 on: July 19, 2018, 21:15 »
0
DMCA does nothing, in real life ignorance of the law is not a defense.

https://www.bbc.co.uk/news/world-us-canada-44889876

A Texas woman visiting Florida's Key West on holiday has been jailed after she took some seashells from the beach.

But stealing photos or art is OK because "I didn't know"? The internet ignorance defence, free pass, needs to stop. And when it hits the news, people will learn and stop. Until then, nothing will change.

No, there were actual spam links in two posts.

Then remove the spam, not the whole thread?


namussi

« Reply #51 on: July 19, 2018, 21:52 »
0
I wonder why people put photos on flickr and similar "show only" sites and then cry if image "borrowed"?

Uh well, because if the image is All Rights Reserved it's show-only. If it has one of the ridiculous Create Commons licenses then it may be okay to "borrow".

I wonder why people put cars in car shows and similar "show only" shows and then cry if car "borrowed"?

A big difference. If I borrow your car, you can't use it. But if I borrow your digital photo, you can continue to use it.

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #52 on: July 20, 2018, 07:59 »
0
I wonder why people put photos on flickr and similar "show only" sites and then cry if image "borrowed"?

Uh well, because if the image is All Rights Reserved it's show-only. If it has one of the ridiculous Create Commons licenses then it may be okay to "borrow".

I wonder why people put cars in car shows and similar "show only" shows and then cry if car "borrowed"?

A big difference. If I borrow your car, you can't use it. But if I borrow your digital photo, you can continue to use it.

And this is why we aren't getting the protection we deserve. A digital asset is not the same a physical piece of property. That's why, to answer my own hypothetical about shop lifting, someone stealing a candy bar, risks arrest or at least a fine and someone stealing a digital file, gets to say, "Oops sorry, I didn't know."

I don't say that it's right, but that's why one case, the store can call the cops and we can't. There are laws that protect property and the same laws don't offer us the same protection for computer text writings, digital photos, or digital graphics. Then someone might ask, but MP3s and music are protected? Yes because Sony, Capitol, Disney and the rest, had the expensive lobbyists and lawyers, go after that protection.

In other words, someone with a reason (lost profit), power and the money, could get us the same protection as music. Until then we get some weak, ineffective, reporting system, where most of the time, the worst that happens is the website gets a take down notice. And outside the countries that care, the crooks just laugh, because there's nothing to stop them.

« Reply #53 on: May 01, 2019, 10:10 »
+6
Just to follow up on this old thread, the Court of Appeals overturned the original ruling and made it clear this use was commercial, cropping did not transform it, and allowing such uses would damage this photographer's ability to license his images - in other words it failed each of the fair use tests.


https://petapixel.com/2019/04/26/no-you-cant-use-any-internet-photo-as-fair-use-appeals-court/

https://www.dpreview.com/news/2627249308/appeals-court-upholds-photographers-rights-on-fair-use-online-image-thefts


Noedelhap

  • www.colincramm.com

« Reply #54 on: May 01, 2019, 12:02 »
+1
Apparently you can still become a judge even if you have a total lack of knowledge about copyright laws. Unbelievable.

« Reply #55 on: May 02, 2019, 04:41 »
0
this case looks like it leans more on the fair use side as opposed to infringing.


 

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