Comments on: PINAC receives cease and desist letter from Vermont

By: Joe Piervincenti

Joe Piervincenti — Fri, 04 Jun 2010 01:35:04 +0000

Sir,
I read the entire article. I did not find your opponent to write like an attorney so do not feel he in any way tried to be one. I also do not find that you reason like an attorney. He simply wrote with an awareness of his topic. I cannot say he did a poor job either, he made his point, that being, you took his work. Which you did and you try to make a case for it and your trusted lawyer friends told you so. His personality notwithstanding, anyone that creates work should know you don’t take someone elses work. I do not support your position. End of story.

By: I don't have a darn name

I don't have a darn name — Wed, 07 Apr 2010 18:53:18 +0000

Wow, going WAY out of your way just to be a dick again, I see. I’m glad you took my advice to consult a lawyer about your crazy personal interpretation of what you call “The Fair Use Doctrine”. Now try taking the advice before you piss off someone with a real lawyer.

Later, Carlos; other people do this exact same blog much better.

By: Michaelk42

Michaelk42 — Sat, 20 Mar 2010 23:45:49 +0000

But if you’re going to act like a dick just because you legally can, you don’t get to cry that you’re somehow not a dick just because it’s legal.
Michaelk42´s last blog ..And onward we trundle

By: Alex J

Alex J — Sat, 20 Mar 2010 23:21:43 +0000

Copyright law isn’t rooted in morality. It was establish as a way to encourage creation by letting creators have a monopoly over intellectual property for a limited time. But there are exceptions such as fair use as Carlos claims.

To your larger point while some law is created because of morality, not all is. Look at public choice theory. And if you you think morality comes into play in the court room you’re more naive they I thought.

By: Roger Krueger

Roger Krueger — Sat, 20 Mar 2010 22:45:12 +0000

For journalism, it’s mostly only fair use if THE PHOTO ITSELF is the subject of the story, rather than what the photo depicts. So the shot of coffee lady that set off this whole shitstorm is very likely fair use. But a photo not itself being reported on but merely illustrating the story is unlikely to be fair use.

By: Michaelk42

Michaelk42 — Sat, 20 Mar 2010 18:01:31 +0000

Yes, you’re right.

Once I got straight which picture we were talking about and who exactly shot it through my actually awake mind, it made a great deal more sense.
Michaelk42´s last blog ..And onward we trundle

By: Harrison Lansing

Harrison Lansing — Sat, 20 Mar 2010 16:08:36 +0000

Interesting little firefight here.

Question for the “Fair Use Defense” crowd; if this was an example of fair use, is photojournalism no longer a viable occupation? You all seem to be implying that once shot and published any photograph of anything by anyone that you can somehow relate to an article or blog you want to write is yours for the taking. In extending that argument, I could see a case made for ripping an image from Time and re-using it for an article on the same subject, citing fair use.

This guy’s a working photojournalist, the image was taken and used for news publication. This blog re-used the image without consent to illustrate an article on the same subject. I’m amazed to see how many photographers came down on the side of “It’s Fair Use, don’t take it down”.

His demeanor, frankly, is not relevant. He owns the work, or his paper does depending on his contractual relationship with them.

As another posted noted, are you all free to just wander to the AP library and take whatever work you want and re-use it without permission? If the answer is “No, of course not.” then this is a pretty simple issue. If the answer is “Yes, free means free beer…if it’s published anywhere it’s fair game for me to use as I please as long as I can somehow justify my own use as fair use” then I submit that you who make that argument do not pay your rent with your photography.

By: Frank Palmer

Frank Palmer — Sat, 20 Mar 2010 04:48:08 +0000

Blackbird,
Wow you called me Cupcake. Was that supposed to be an example of you taking the high road?

Since you didn’t say if I could have permission to use your photos I am going to do it. If and when you find them feel free to send me a take down notice.

Have a nice day

By: Michaelk42

Michaelk42 — Sat, 20 Mar 2010 01:00:21 +0000

DAMN. I can’t think of a reason they would even want to do that off the top of my head… intimidating customers into behaving?
Michaelk42´s last blog ..And onward we trundle