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[OM] Re: Little Paris gallery ; OM-1, FP4+

Subject: [OM] Re: Little Paris gallery ; OM-1, FP4+
From: Philippe Le Zuikomane <zuikomane@xxxxxxxxxxxxx>
Date: Mon, 15 May 2006 20:48:32 -0500
Very interesting -- thanks for the overview. The Eiffel Tower is a brilliant 
example (no pun intended).

Phil

On 03:36, Manuel Viet wrote:

>Being at least as much french and disgruntled, but being a lawyer
>too, I can only point out two things : first, you can't forbid
>someone to sue, even on stupid basis. Many owners have lost their
>trials against photographs. The right to sue is the core of a
>democratic society, even if the plaintiff is shooting himself in the
>foot. Second, there is a difference between right to your own image
>as a part of your individual person, and right over the image of a
>good you own. The latter is less protected, of course, while the
>first is overprotected.
>
>But the matter is much more complicated than that, and a lot of the
>problems photographs are facing are rooted into the
>misinterpretations of those various rights and their interactions.
>For instance if something you own happens to be also protected by a
>copyright, the copyright holder is also protected against the
>reproduction of his work by the photographer. This explains for
>instance you can publish pictures of the Eiffel tower by daylight
>(public domain), but must pay for pictures taken at night because
>the light work is protected by IP laws. But in that case, you can
>take the night picture for your own usage, covered by fair use. In a
>word : our system is overengineered. (take my words with a grain of
>salt, I translated some notions to the closest english ones, but
>there are few complete overlaps).
>
>I would personaly welcome the clear cut approach which I believe
>exists in the USA : everything that can be taken from public domain
>is public, full stop. And to be honest, it's about the only legal
>principle I would welcome from there. But this discussion would
>drift very far away from photography.
>
>-- Manuel Viet
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