TAKING, USING WITHOUT COMPENSATION.....DEATH OF PHOTOTOGRAPHY COPYRIGHTS
Jun 18, 2019 15:17:09 #
I just noted a case which many of the hoggers may be interested in. It is out of the Texas Court of Appeals, 1st District. I have attached the courts opinion.
Jun 18, 2019 15:29:35 #
Jun 18, 2019 15:30:08 #
LEGALDR wrote:
I just noted a case which many of the hoggers may be interested in. It is out of the Texas Court of Appeals, 1st District. I have attached the courts opinion.
How about just summarizing what you've learned in this case for us non-legal beagles. Reading 35 pages of legal gibberish makes my brain hurt.
Jun 18, 2019 15:36:55 #
Jun 18, 2019 15:45:52 #
Something is seriously wrong with this. I tried reading all 34 pages, but gave up and skipped to the end - to learn that Olive got screwed. Two probs here for me: the guy got screwed, and it should not take 34 pages of gibberish to perform the act.
Jun 18, 2019 15:48:33 #
Respectfully, I don’t see how this narrow decision portends “the death of (all) photography copyrights”. Plaintiff filed a claim in a particular manner when he might have chosen other courses. Based on the nature of the claim, the Appeals court denied the claim, which at its most under the law would have only amounted to Plaintiff’s loss of a limited copyright fee(s). The Appeals court noted that the Plaintiff never at any time lost his right and/or ability to continue to pursue other copyright protections with regard to the subject photograph or other photographs. Generally speaking, nobody took all of Plaintiff’s rights away from him.
Jun 18, 2019 16:07:00 #
RichinSeattle wrote:
How about just summarizing what you've learned in this case for us non-legal beagles. Reading 35 pages of legal gibberish makes my brain hurt.
Skip over the reference sections in the document, and it's not that hard to understand. I'm not sure what you mean by legal gibberish - overall, the text is rather simple and straight forward.
Jun 18, 2019 17:06:58 #
BebuLamar wrote:
I live in Texas so don't ask me to post my pictures on the UHH.
Jun 18, 2019 17:20:42 #
TBerwick
Loc: Houston, Texas
Here in the Lone Star State we have some of the best politicians and judges that money can buy. I am in agreement with the immortal bard, William Shakespeare, who had little empathy for attorneys as most should already know.
Jun 18, 2019 18:19:07 #
Actually he wrote that as coming from a villain who is plotting how to take over the country and become a tyrant.
In his speech about how to accomplish that he said:
"The first thing we do, let's kill all the lawyers."
In his speech about how to accomplish that he said:
"The first thing we do, let's kill all the lawyers."
Jun 18, 2019 20:25:04 #
Jun 18, 2019 21:21:01 #
TBerwick wrote:
I prefer to take it out of context. 😎🤣
So do most people. Including the "Eagles" in the song "Get Over It".
Jun 18, 2019 22:14:47 #
rjaywallace wrote:
Respectfully, I don’t see how this narrow decision... (show quote)
Interesting to note that one of the cases relied on was ...'Porter' which involved in part a claim by Lee Harvey Oswald’s widow for the diminution in the copyright value of Oswald’s writings because of their publication in the Warren Commission report.
Jun 19, 2019 05:32:36 #
Why is this case not filed in a federal court? Sounds like the state can take whatever it wants? The outcome might be quite different if it were a private entity or individual? There is a saying "you can't sue City Hall." This is a very specific case of "copyright infringement" so I don't think you can say it is the "death of photography CR"...in fact the trend is quite opposite especially for online publishing.
Jun 19, 2019 05:46:40 #
w00dy4012
Loc: Thalia, East Virginia
It was lost on an improper pleading. Oliver should sue his lawyer for malpractice.
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