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Re: Image Permission

  • Subject: Re: [iris-photos] Image Permission
  • From: John I Jones jijones@usjoneses.com
  • Date: Tue, 10 Dec 2002 12:38:39 -0800

oneofcultivars@aol.com wrote:

> On a more serious note, there is a body of thought that suggest web
> photos are in the public domain unless they contain a copyright (c)
> designation or are a registered trademark (TM) seal. My personal
> opinion and actions are in this camp. I willingly share my photos (and
> plants) with all who find use for them. In circumstances where I am
> unwilling to do so, I will provide a copyright designation on the
> images. Should I want to restrict the propagation of a cultivar I'll
> patent the plant.

Well, there may be a body of thought to suggest that, and there was a
body of thought that people should be able to download music for free
from Napster.  The problem is that there is no body of *law* to support
either one. (witness the demise of Napster).

Until the law is changed, photographs are always the original
photographer's property for the next 75 years (unless they've explicitly
signed away their rights). And, there is always an inplied copyright.
The "circle c"  ( ) is not required.

Storing a posted image or text on your own computer is considered fair
use and wouldn't be a violation of copyright law.

> Copyright laws are antiquated at best. They were conceived and enacted
> at a time in history when great financial risks were encountered if
> one chose to publish a work. These risks were due to the high printing
> cost associated with volume printing runs. Modern technology has
> overcome these limitations. Legislation has not kept up. As is often
> the case, some (many) corrupt the intent of the existing laws for
> their own self interest rather than observe the law in a sane and
> practical way.

They have been updated recently as the DMCA (Digital Millenium Copyright
Act).  However, it is also true that it has not yet been effectively
tested in court yet. (to create a body of law in support of it)

There is certainly a lot more to consider in the reasons for having
copyright and trademark protection, not the least of which is creative
artistry. Printing, while much advanced, can still be an expensive

John                     | "There be dragons here"
                         |  Annotation used by ancient cartographers
                         |  to indicate the edge of the known world.

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