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Re: [OM] UK Copyright

Subject: Re: [OM] UK Copyright
From: "Bill Pearce" <billcpearce@xxxxxxx>
Date: Tue, 15 Dec 2015 11:25:50 -0600
Extensions of copyright in the US is the result of only one thing, and that is money is power and Disney has lots of both. The pressure on congress to extend copyrights has been driven by the desire to retain exclusive use of Mickey Mouse, which would have been in the public domain many years ago.

The thing about a photo of an object is the result of not bureaucracy but by greed. Someone wants to preclude the use of their object's image in something else from which they gain no money, or over which they have no control. It's as silly as the architects that which to retain control of how an image of a structure is used after it is complete and in the hands of another owner. If there were ever first world problems, these are ones.

-----Original Message----- From: Scott Gomez
Sent: Tuesday, December 15, 2015 8:37 AM
To: Olympus Camera Discussion
Subject: Re: [OM] UK Copyright

The concept of copyright protecting an image of a physical object where the
image can in no way replicate that object's utility seems a bit of a
stretch, to me. I can see how copyright protection would apply, say, to
imaging the pages of a book, because one infringes by reproducing the idea
in what is simply a different form which preserves (to some extent) the
object's utility. I can read the "book" from the images of the pages. But
images of something like furniture do not reproduce its utility in any
meaningful way.

Does this mean, for example, that posting an image to a website of a
copyrighted chair infringes when advertising that item for sale by an
individual? The intent is clearly "commercial" (in more than one sense of
the word).

It's like the continually increasing length of time being applied by
copyright law. Why should the work of an author be protected by copyright
far beyond the death of that author? It makes sense that some extension
beyond death should occur--independent authors may well have had no other
means of supporting their families who survived them--but even that is a
luxury that isn't afforded to the rest of us. While the family of a
successful musician, to use an example, may well benefit from the continued
protection (and earnings) of her work beyond her death, the same isn't true
for any other sort of work that cannot be protected under copyright (or
perhaps, patent) law. All the extension of copyright far beyond the death
of the author does is to enrich the holder of said copyright while
preventing passage of the work into the public domain, where it may be
beneficial to many more. As one of the intentions (at least in the US, to
my understanding) of copyright was to encourage creation of works to
benefit the country as a whole, it seems that copyright extension is
contrary to that aim.

On Tue, Dec 15, 2015 at 4:12 AM Nathan Wajsman <photo@xxxxxxxxxxxxxx> wrote:

As a practical matter, this matters only for commercial use of the
photograph. Nobody will ever prosecuted for posting his newly acquired
designer chair on Facebook.

Furthermore, there is a distinction between incidental inclusion of
protected items and those items being the main subject of the photograph.
So the idea that photo agencies will need to check all their images taken
inside for potential infringement is an exaggeration. Example: you publish
a portrait of a person in her living room. There is a copyright-protected
designer chair in the room, but clearly the main subject of the photograph
is the person, not the furniture. In that case the "incidental inclusion"
exception would apply.

Cheers,
Nathan (who breaks numerous laws on his websites...)

Op Di, 15 december, 2015 12:43, schreef Jez Cunningham:
> Will be interesting to see what Nathan has to say on the topic...
>
> On 15 December 2015 at 10:56, Wayne Harridge <
> wayne.harridge@xxxxxxxxxxxxxxxxxxx> wrote:
>
>> Interesting concept !
>>
>> A problem for publishers of any sort of photography, video, etc. I
>> expect,
>> not much chance of enforcing it against Joe Bloggs who posts an image >> on
>> facebook, etc.
>>
>> The article is not clear about how this law will be applied:
>> 1. photograph the chair in the UK and publish in USofA ?
>> 2. the chair designed in the UK, photograph it in NZ and publish on the
>> internet ?
>> 3. what happens if you alter the chair (are you even allowed to do that
>> ?)
>> ?
>>
>> Bureaucracy gone mad !
>>
>> ...Wayne
>>
>>
>>
>> -----Original Message-----
>> From: olympus
>> [mailto:olympus-bounces+wayne.harridge=
>> structuregraphs.com@xxxxxxxxxxxxxxxxx
>> ] On Behalf Of Scott Gomez
>> Sent: Tuesday, 15 December 2015 5:09 PM
>> To: Olympus Camera Discussion <olympus@xxxxxxxxxxxxxxxxx>
>> Subject: [OM] UK Copyright
>>
>> Via Ars Technica:
>>
>>
>>
http://arstechnica.com/tech-policy/2015/12/you-may-soon-need-a-licence-to-ta
>> ke-photos-of-that-classic-designer-chair-you-bought/
>>
>> Can any of our UK members comment on this? Is it an accurate
>> representation
>> of the law?
>> --
>> ---
>> Scott
>> --
>> _________________________________________________________________
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>> Themed Olympus Photo Exhibition: http://www.tope.nl/
>>
>>
> --
> _________________________________________________________________
> Options: http://lists.thomasclausen.net/mailman/listinfo/olympus
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> Themed Olympus Photo Exhibition: http://www.tope.nl/
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>


--
Nathan Wajsman
photo@xxxxxxxxxxxxxx
--
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Themed Olympus Photo Exhibition: http://www.tope.nl/

--
---
Scott
--
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Options: http://lists.thomasclausen.net/mailman/listinfo/olympus
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Themed Olympus Photo Exhibition: http://www.tope.nl/
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Options: http://lists.thomasclausen.net/mailman/listinfo/olympus
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Themed Olympus Photo Exhibition: http://www.tope.nl/

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