Saturday, February 7, 2009

RE: [Photoshop-Haven] Re: Selling a JPEG? Would you do it? Resolution?

Yes, quite. Thank you again, Joel.

-----Original Message-----
From: Photoshop-Haven@yahoogroups.com
[mailto:Photoshop-Haven@yahoogroups.com]On Behalf Of JOEL
Sent: Saturday, February 07, 2009 11:03 AM
To: Photoshop-Haven@yahoogroups.com
Subject: Re: [Photoshop-Haven] Re: Selling a JPEG? Would you do it?
Resolution?


On the contrary, many aspects of copyright law are very clear, and only an
ignorant person would disagree.

A huge amount of the infringement for profit abuses on the web are very
clear as to the law. For example, if someone stole my work, put it on his
website claiming it as his own, or put it on his website to generate traffic
leading to money, it is cut and dried, and I would go after him.

Some such thieves would try to claim "fair use." But as I pointed out,
only an ignorant person would make such a claim. Or in this case, perhaps a
knowledgeable person who is a cold-blooded thief.

As with aviation, some things are gray areas or argued about. But in
copyright, an awful lot of the field is very clear.

----- Original Message -----
From: Canales
To: Photoshop-Haven@yahoogroups.com
Sent: Saturday, February 07, 2009 10:47 AM
Subject: RE: [Photoshop-Haven] Re: Selling a JPEG? Would you do it?
Resolution?

Thank you for correcting my misspelling of "copyright". But you have
proven
my main point: "whatever you do or say, someone will take issue with it".

-----Original Message-----
From: Photoshop-Haven@yahoogroups.com
[mailto:Photoshop-Haven@yahoogroups.com]On Behalf Of JOEL
Sent: Saturday, February 07, 2009 10:33 AM
To: Photoshop-Haven@yahoogroups.com
Subject: Re: [Photoshop-Haven] Re: Selling a JPEG? Would you do it?
Resolution?

First, the word is "copyright" derived from "the right to copy." Not
"copywrite."
Second, if you have quoted the lawyer correctly, I can confidently state
that the lawyer is either incompetent or irresponsible. Or perhaps just an
obnoxious smart-aleck. Especially as to the major concern in this group:
images.

The copyright office has plenty of factual info on copyright on its
website. The website is remarkably good, especially considering it is a
government website.

As legal matters go, copyright is one of the more cut-and-dried areas.
Many typical situations are very clear.

As far as my own attitude, I'm inclined to go easy on honest mistakes. As
to actual deliberate thievery by people who know better, but think they
can
"get away with it," I am much less inclined to be charitable.

J.

----- Original Message -----
From: Canales
To: Photoshop-Haven@yahoogroups.com
Sent: Saturday, February 07, 2009 10:24 AM
Subject: RE: [Photoshop-Haven] Re: Selling a JPEG? Would you do it?
Resolution?

When it comes to copywrite matters, it's rather like religion and
politics:
whatever you do or say, someone will take issue with it. Years ago I was
at
a photography seminar and had the opportunity to chat with a copywrite
lawyer. I asked about the "fair-use" clause of copywrite law. He replied,
"Publish whatever you like as lengthy or brief as you like. If you don't
get
sued, it was O.K. to do so". I was hoping for something a bit more
concrete
than that. I just hope I don't get sued for using the lawyer's quote!

Cheers from Al in Temecula

-----Original Message-----
From: Photoshop-Haven@yahoogroups.com
[mailto:Photoshop-Haven@yahoogroups.com]On Behalf Of JOEL
Sent: Saturday, February 07, 2009 10:07 AM
To: Photoshop-Haven@yahoogroups.com
Subject: Re: [Photoshop-Haven] Re: Selling a JPEG? Would you do it?
Resolution?

In a public place you can pretty much take photos of anything you want,
including cats.

The real issues arise if you publish or sell or license the photos,
especially for any kind of commercial use. And yes, for that kind of
release
you should have an "animal model release."

I recently visited a ranch and met among other horsies, the top stud
stallion in the country. The foreman reminded me to please not publish or
use the shots for commercial use, and of course I responded that I
understood.

As far as the cat owner threatening a catfight with the photographer, my
own reaction, assuming the venue did not forbid photography, would be to
politely tell her that it's a public place and I'm allowed to take photos.
Short of her attacking me or siccing her felines onto me, that's it.

In the goal of full disclosure I state for the record that I have a
Burmese at home. Cat, not Python, that is. And two other cats have
"adopted"
my street level office.

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