NTLK copyrights

From: DON (don@dcphotos.com)
Date: Mon Sep 11 2000 - 11:26:06 CDT


Robert Benschop wrote"Sorry Chris, but you don't have a point there,
copyright applies to unique
pictures, so they have to have something that sets them apart from other
pictures, so unless your school photographer was a very creative person
(quite rare in that field)"

Wrong, I think there is a confusion of the right to reproduce something and
copyright. There is a differnece. Again using the brick wall photograph. I
can take the pic but YOU cannot reproduce it a will. You can go and shoot
your own brick wall and I CANNOT claim you violated my copyright by making a
similar image. This is where uniqueness comes in. Much the same way the
photographer cannot claim he owns the copyrights to Chris' likeness because
he took first the picture of him. If that was the case no one else could
ever take a picture of Chris w/o violating the photographers copyright. What
the photographer does have copyrighs to is HIS photos. He controlls (HAHA)
who, how and in what manner the can legally be reproduce in accordance with
the law I.E. fair use, educational, etc.

Robert Benschop wrote "For the same reason still wonder if there can be a
violation on the T-shirt
site, AFAIK simple reproduction work can't be copyrighted, there aren't any
artistic merits to copyright."

I beg to differ, I worked for a major deparment store photographing
everything from shoes to room sets. Another store could not "whip out the
ol' scanner" and reproduce a catalog of my images of the shoes. This has
nothing to do with the artistic merit of my shoe shots (though they were
masterpieces...haha). Again, I am not talking about the images, but the ACT
of reproduction.

Don

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