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Court Ruling Limits Copyright Claims
Spamicles writes "A federal appellate panel in Atlanta has reversed its circuit's 6-year-old opinion in a major copyright case, declaring the ruling's mandate on behalf of freelance photographers to be "moot." Until now, publishers could be forced to share with freelancers whenever they reproduce and sell those freelancers' previously published works in merchandise designed for computer access. The new ruling says that reproduction on a CD or other media is not a new use of formerly published issues. The full court decision (pdf) is available online, and Law.com has an analysis of the ruling's repercussions."
Common sense says that making a photograph part of a database or even electronic montage is creating a new derivative work.
You should no more be allowed to reproduce a freelancer's photograph in a CD collection than you should be allowed to reproduce a writer's story in an anthology.
Of course, the problem probably doesn't exist because I can't imagine anybody not covering this in the contracts of sale.
With respect to National Geographic's problem of being able to control their archives, the answer is much simpler than abusing copyright holder's rights. Copyright should have a reasonable term limitation, say seventeen years. Within a few years, all the stuff not covered under modern contracts
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Have you ever been to Jamaica? I doubt it, because you didn't use them as another example for your theory.
On most of those islands, there are indeeds traffic lights and whatnot, but only where absolutely necessary. In most places where roads meet, they rely on courtesy to know goes when. You'll be in a taxi and he'll just stop at a crossing with no sign to do so, simply because it's courteous and they do it that way there.
On top of that, they drive like madmen. There are no speed limits and they cut in and out like crazy. And yet they have very very few accidents. Why? The same reason as your parking lot theory: They have to be more aware of what's going on.
"If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
I have read many comments where people are characterizing this as a battle between the big evil corporations and the individual. Not only is that not the case here, but in this fight it is the individual photographers who are most closely aligned with the RIAA/MPAA copyright goals.
National Geographic and the NYT are arguing that once they have purchased the rights to produce/distribute content, then it doesnt matter if this content is displayed on a piece of paper, a computer screen or a rock. They are making our argument, that just because they switch the physical medium upon which they transmit the content they should not be forced to purchase an additional license to that content. The freelance artists here would like to see separate royalties for each medium, and to have the content locked up as tightly as possible. I see strong parallels here to fair use.
Now the the freelancer's argument is that by changing the medium one has created a new and seperate product deserving of additional royalties. This seems entirely unreasonable to me. National Geographic didn't take the photographs and create a new book or movie, they reproduced 1 to 1 the magazine issues on a CD. The medium is no more relevant then going from tape to cd to dvd with audio.
Should filmmakers get additional royalties because a TV station switched to HD broadcasting?
The National Geographic and NYT are fighting for greater freedom of information. Who's side are you on?
Whereas we, on the other hand, are making some very important calls.
Seriously, the best way to avoid an accident is to pay attention to what you're doing, and realize that life itself does not revolve around your schedule. Courtesy makes the driving experience more enjoyable for everyone, but caution will keep you from getting squished.
When I was learning to drive, my Dad beat me over the head with detailed questions. What color is the car behind you? How close is it? If the woman in front of you, the one applying mascara and reading the latest Stephen King, were to drop the book, could you stop in time when she slams on the brakes? Are turn signals optional equipment? [usually accompanied by a smack to the head] He taught me to constantly scan the road and look at everything that was going on around me. The end result was I learned to be patient - not driving like there's a NASCAR ranking on the line - and cautious - better able to react to the selfish gits who could care less about the safety of their fellow man.
I'm not tense. I'm just terribly, terribly, alert.