Arka
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 p.2 #1 · copyright and derivative works | |
HinduG wrote:
By your definition, that thread's OP is a pirate, and likely a thief because he posted an image ,copyrighted by Lifetouch, of his nephew who was the victim of a hatecrime.
The definition is complicated, and that's the point. First off, Lifetouch, wouldn't bring an action against that posting, because it doesn't make sense for them from a business perspective. From a legal perspective, the owner of the image copy could credibly argue that has been given an implied license by the studio to display the image in this way. What do you buy digital images or prints for, after all, than to display freely?
After paying money for an image, there is generally implied license to certain rights, unless a sale contract stipulates otherwise. My own sales contracts actually expressly permit unlimited printing and display, as the value of a wedding photograph to me is little more than promotional once product is delivered to the client.
Those facts are quite clearly distinguished from Rod's situation. He used someone's work without their permission, and was later told by the original author in no uncertain terms that the use was unwelcome.
Again, the moral of the story is that the law is very complicated, and usually sensitive to the facts. Title 17 and the cases that annotate to it are numerous and complicated, and no one knows the importance of all of them. So it's best to ask a right holder before appropriating their work, rather than crafting creative but flawed defense to marginally indefensible conduct.
RodBarker wrote:
Thanks for your insite Arka , I was a jerk in making a mistake and your a jerk for your public slander .
I may be a jerk, but I didn't slander you. Slander is, at bottom, an offense where I call you out for something you didn't do. Hence, the truth is my defense. You concededly misappropriated someone else's art on one occasion without permission. You don't deny it and never did. That's hardly laudable conduct, and I expressed an opinion on that, as did Kevin. The only person who's conduct has affected your reputation is your own, and your feeble defense of it only worsens matters.
Arka C.
Edited by lordarka on Feb 18, 2008 at 05:17 PM GMT
Edited on Feb 18, 2008 at 04:17 AM
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