So called "copyright" pictures

Nov 23, 2003 203 Replies

Actually, he'd be nuts to send them to *anyone* who offered to engage in a flagrant and willful violation of copyright law in an international forum :) The plaintiff's case against both would be trivial to make.

Just to clear things up:

The photographer owns the copyright; it's that simple. I've litigated one of these, on behalf of the photographer, against a chain that reproduced prints.

It came to light when the client was so distressed by the quality of the duplicates that she went to the photorapher.

I don't know the final outcome, as I closed down for grad school fairly early, but the law is clear.

The photographer was angry about the illegal copying, but even angrier at the low quality prints attached to his reputation . . .

While I'm at it, I'll briefly touch on the economics involved.

It is unlikely that a photographer would accept a basic fee that didn't cover the *marginal* costs of the shoot--his time and out of pockets. However, if the norm is that many family members buy copies, it is entirely possible, even likely, that he would accept a fee that didn't cover the *average* costs of production, which would include the studio rent, equipment, etc.

hawk, lawyer & economist

Richard E. Hawkins, Asst. Prof. of Economics /"\ ASCII ribbon campaign dochawk@psu.edu Smeal 178 (814) 375-4700 \ / against HTML mail These opinions will not be those of X and postings. Penn State until it pays my retainer. / \

I believe most of the Disney works in question are under coporate copyright, however, rather than by Walt. That means (for those works) a fixed term.

hawk

Richard E. Hawkins, Asst. Prof. of Economics /"\ ASCII ribbon campaign dochawk@psu.edu Smeal 178 (814) 375-4700 \ / against HTML mail These opinions will not be those of X and postings. Penn State until it pays my retainer. / \

The 4"x4" format is another giveaway . . .

hawk

Richard E. Hawkins, Asst. Prof. of Economics /"\ ASCII ribbon campaign dochawk@psu.edu Smeal 178 (814) 375-4700 \ / against HTML mail These opinions will not be those of X and postings. Penn State until it pays my retainer. / \

Confirmed??? You mean that someone didn't know this???

hawk

Richard E. Hawkins, Asst. Prof. of Economics /"\ ASCII ribbon campaign dochawk@psu.edu Smeal 178 (814) 375-4700 \ / against HTML mail These opinions will not be those of X and postings. Penn State until it pays my retainer. / \

In this situation is it the chain or the client who are liable for copyright infringement?

Andy

As I understand it, the royalty figures for "Happy Birthday" run into six figures every year...

--

+----------------------------------------------------------------+ | Charles and Francis Richmond richmond at plano dot net | +----------------------------------------------------------------+

Both. THe photographer only sought damages against the chain.

hawk

Richard E. Hawkins, Asst. Prof. of Economics /"\ ASCII ribbon campaign dochawk@psu.edu Smeal 178 (814) 375-4700 \ / against HTML mail These opinions will not be those of X and postings. Penn State until it pays my retainer. / \

Charles> "Dr. Richard E. Hawkins" wrote: >> >> In article , Thad Smith wrote: >> >Patrick Scheible wrote: >> >> >> There are lots of things about the current copyright law I'm not happy >> >> with, starting with the ridiculously long term... >> >> >He he, I think the movie industry is still paying license fees for using >> >the song "Happy Birthday". I just saw it in a credit this weekend. >> >> Yes. The lady that wrote it wanted every kid to have a song for his >> birthday--but she wants to be paid for commercial usage. >> Charles> As I understand it, the royalty figures for "Happy Birthday" Charles> run into six figures every year...

The civil legal system is often primarily about intimidation: the party which can least afford the resources to get up the better lawyer to argue most convincingly (and longest) wins. But most people just back down they threatened by a company that seemes like it has more resources to spend on the matter. They reach a settlement that will cost the loser less money than they would have spent on the case they could have won.

For example, they just pay a license/royalty fee, because going to court and winning would be more expensive.

Happy Birthday seems like it might be such a case, because of two facts. First, the melody of the song ("Good Morning To You") is definitely in the public domain. The copyright lawsuits are about only the words. However, secondly, recent evidence has been found that the words are also in the public domain, because they were published without copyright notice, predating the claimed publication on which the copyright is pupatively based, back when that's how the law worked).

At Weyerhaeuser, we not only had a sprinkler system in the computer room, we had a sprinkler directly over the main chassis (more specifically, the CPU boards). One day Physical Plant decided to test it.

Amazingly enough, once the boards were all dried off, it rebooted and ran just fine! This was a Harris /6 or /7 (can't remember now).

Joseph J. Pfeiffer, Jr., Ph.D. Phone -- (505) 646-1605 Department of Computer Science FAX -- (505) 646-1002 New Mexico State University http://www.cs.nmsu.edu/~pfeiffer Southwestern NM Regional Science and Engr Fair: http://www.nmsu.edu/~scifair

Much the same for patents.

Ok, that's fine. The band plays the copyright free music, the punters sing the song. A bit like it used to be when I was a kid: for a few years Sullivan's music was out of copyright, Gilbert's words weren't. The Beeb played the overtures, and some arrangements of the music, I sang along at home. This was a little before those four guys from Liverpool. IIRC, the only recording of G & S whilst "in" copyright was one of the Mikado, on 78s. :(

I've got a few neurones partially firing telling me that the copyright of "Happy Birthday" was up for sale for a six figure sum when it was nearly time expired. What happened, did the 20 year extension arrive in the nick of time, or was it retrospectively applied, or do I need a new set of memory chips?

Regards,

David P.

I think you need new chips. Last I heard, the ladies who wrote it are still alive.

Rick "rickman" Collins rick.collins@XYarius.com Ignore the reply address. To email me use the above address with the XY removed. Arius - A Signal Processing Solutions Company Specializing in DSP and FPGA design URL http://www.arius.com 4 King Ave 301-682-7772 Voice Frederick, MD 21701-3110 301-682-7666 FAX

A wedding is the first and last time the gal will have a starring role. After the "I do"s, she gets hit with reality when she has to wash the Prince's underwear.

/BAH

Subtract a hundred and four for e-mail.

We had a computer mixing cosmetics (one of the first embedded controllers if you will) and one day it dumped LANOLIN all over itself! FS dipped boards in trico', blow dry, and plug back in! - RM

It's good to get a lawyer's opinion on this.

True, but she gets room and board and all the children she wants. Every job has its downside...

Of course, along with motherhood, the prince will find that the blushing bride suddenly has all the delicacy of a Marine Corps drill instructor.

Mildred J. Hill b.1859 d.1916, Patty Smith Hill b.1868 d.1946 Don't believe everything you hear!

Thanks. Take care, Brian Inglis Calgary, Alberta, Canada Brian.Inglis@CSi.com (Brian dot Inglis at SystematicSw dot ab dot ca) fake address use address above to reply

That's not quite accurate -- it wasn't originally written for birthday celebrations, for example. The Urban Legends Reference Pages have an article on it: .

Adam Sampson

The word "flammable" and "auto-ignite" comes to mind with both of those substances. Mix, and apply electricity. Perhaps you should be glad you had the sprinkler.

-- mrr

Yuck. What a mess. Was it wrinkle remover?

/BAH

Subtract a hundred and four for e-mail.

[surprised emoticon here] That's a feature?

Yep.

Somebody has to teach him the basic[s].

/BAH

Subtract a hundred and four for e-mail.

It's a bug or a feature. If you can't correct it, you sell it as a feature.

And after basic training, there's advanced training, and then there's more training, and ... 24/7

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