decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Graphics Artists and APIs? | 287 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Graphics Artists and APIs?
Authored by: Wol on Wednesday, June 05 2013 @ 01:35 PM EDT
You need to be careful here ...

One difficulty with a photograph is it is an "all or nothing" thing.
You remember the case where a newspaper printed one page from a book, and tried
to argue de minimis or fair use? And got slaughtered by the Judge because the
one page they printed was the one page most people were going to buy the book
for? Chances are if you only use part of a photograph, you are going to use THAT
part.

Secondly, pretty much any photograph that has any real value will have a lot of
creative input. In the old days, you used to do a lot of dodging, burning in,
and general fancy development. In the digital world it's no different.

And organised wholesale piracy is the norm in photography, just as it is in
music. Most musicians are small-time, same with photographers. Pretty much all
the contact most photographers, like most musicians, will have with copyright
law is when it's their work that's being "stolen". And most of the
time they will have no recourse.

Just look at the new law being proposed or passed in the UK about orphan work.
It pretty much legitimises any big company to trawl flickr, take what they like,
and make profits with no recourse to the photographer. And I'm minded of an
incident a few years back in the UK. A news agency, probably Reuters, published
a picture on the news wire. The photographer complained about them breaching the
licence (effectively CC-BY). And what did they do? They said "any fuss and
we'll destroy your career"! All because they wouldn't honour CC-BY!

So I have a lot of sympathy for them. But what they're doing weighing in on an
issue they have nothing to do with is a bit - odd???

(That's why all my photos on flickr are CC-BY-NC-ND, so casual passers-by are
free to use them for personal use - but even there, that would really screw me
up under our new law - if they forgot where they got them from, it would then be
legal for them to assume they were orphan and ignore my licence!)

Cheers,
Wol

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )