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Feb 19, 2012 13:32:23   #
Roger Hicks Loc: Aquitaine
 
thefunxtr wrote:
Geeeez CaptainC .... looks like everyone seems to have blown right past this! (or didn't do the math) 1969 + 28 = 1997!


Have you actually read the link? Specifically, the bit about automatic 67 year extensions? I find it hard to read it otherwise than that the extension is automatic, giving 95 years after creation as the copyright period, but as I'm not being paid to read it, I'm disinclined to pursue the argument.

The simple truth is that ALL copyright law is a nightmare, and that US copyright law prior to 1988 (when the US finally signed the Berne Convention) was an even bigger nightmare, with registration, statutory damages, and all kinds of other things.

Cheers,

R.

Reply
Feb 19, 2012 13:35:54   #
davejann Loc: Portland Oregon
 
It is so sad to see so many fine photographers dithering like lawyers. A commentary on a country with more employed lawyers than engineers.

D

Reply
Feb 19, 2012 13:43:31   #
mdorn Loc: Portland, OR
 
Roger Hicks wrote:
Have you actually read the link? Specifically, the bit about automatic 67 year extensions? I find it hard to read it otherwise than that the extension is automatic, giving 95 years after creation as the copyright period, but as I'm not being paid to read it, I'm disinclined to pursue the argument.

The simple truth is that ALL copyright law is a nightmare, and that US copyright law prior to 1988 (when the US finally signed the Berne Convention) was an even bigger nightmare, with registration, statutory damages, and all kinds of other things.

Cheers,

R.
Have you actually read the link? Specifically, the... (show quote)


I agree.

Reply
 
 
Feb 19, 2012 13:43:57   #
pigpen
 
Roger Hicks wrote:
thefunxtr wrote:
Geeeez CaptainC .... looks like everyone seems to have blown right past this! (or didn't do the math) 1969 + 28 = 1997!


Have you actually read the link? Specifically, the bit about automatic 67 year extensions? I find it hard to read it otherwise than that the extension is automatic, giving 95 years after creation as the copyright period, but as I'm not being paid to read it, I'm disinclined to pursue the argument.

The simple truth is that ALL copyright law is a nightmare, and that US copyright law prior to 1988 (when the US finally signed the Berne Convention) was an even bigger nightmare, with registration, statutory damages, and all kinds of other things.

Cheers,

R.
quote=thefunxtr Geeeez CaptainC .... looks like e... (show quote)


Yes, I tried to read it. Things are written like this so that we NEED lawyers. They really are just high-priced translators.

Reply
Feb 19, 2012 13:47:55   #
jdphoto Loc: Tn.
 
Ragarm wrote:
pigpen wrote:
Ragarm wrote:
CaptainC wrote:
Wow. It took seconds to find this information on Google.

Lots better than all the supposition and mis-information going on.

Here is the link:
http://www.copyright.gov/title17/92chap3.html

The quick and dirty: Prior to 1978, the (c) lasts 28 years. The 1969 date would appear to make this in the clear under any circumstance unless the copyright was renewed. Since there is not information as to who did it - scan away.


I appreciate your ability and willingness to research facts, and I wish others would try to be more responsible. Supposition and misinformation diminish the usefulness of "our" forum, so THANK YOU!!!!!!!!!!!
quote=CaptainC Wow. It took seconds to find this ... (show quote)


I apologize for wasting your time! I thought asking questions on a forum like this was a form a research. Am I to take it that the "" around OUR means that I'm not welcome here?
quote=Ragarm quote=CaptainC Wow. It took seconds... (show quote)


The quotation marks mean that we all should be trying to improve the quality of our comments.

I don't know why you refer to asking questions. No one criticized questions. The criticism pertains to offering supposition and misinformation. Of what good is a forum containing unreliable advice?

Questions are good. Facts are good. Inaccurate information is bad. Simple!
quote=pigpen quote=Ragarm quote=CaptainC Wow. I... (show quote)


Ragarm: I AGREE with Pigpen all the way. I guess it is people like you is why I don`t ask more questions in this Forum! I am like Pigpen,I WOULD HATE TO WASTE YOUR TIME !!! ( for ANYTHING!)

Reply
Feb 19, 2012 13:49:44   #
patrick9240
 
you need to go the US patent office website and review the
rules. No need to spend money on an attorney to get
answers when you can obtain it from the patent office.
Just scroll around and you will obtain the answers that
you need.

Reply
Feb 19, 2012 13:52:43   #
jerryc41 Loc: Catskill Mts of NY
 
pigpen wrote:
Ragarm[/quote wrote:


I appreciate your ability and willingness to research facts, and I wish others would try to be more responsible. Supposition and misinformation diminish the usefulness of "our" forum, so THANK YOU!!!!!!!!!!!


I apologize for wasting your time! I thought asking questions on a forum like this was a form a research. Am I to take it that the "" around OUR means that I'm not welcome here?

I didn't take this response as a put-down of you. I think by using "our," ragarm was emphasizing the fact that this is our community forum.

No one is going to go out and do something based soley on the legal advice he gets here. Most of the posters indicate that theirs is not the last word in copyright law. This is a social forum where people discuss photography and lots of other things. See the exchanges in this thread about growing up in the country. This is not a business for us, and we are not being paid by the hour to give definitive answers to questions.

Some responses to my comments put me off a bit, but I just let them roll off my back. I have been on some forums that were truly vicious, and I left them. Take what's good about this site and ignore the rest. These people are not your neighbors, and you will not be running into them in the mall. Relax and enjoy.

Reply
 
 
Feb 19, 2012 13:54:02   #
ole sarg Loc: south florida
 
I have been a scientific/technical publisher for over 40 years (having worked for Macmillan, CRC Press, American Chemical Society, American Pharmaceutical Asso, Academic Press and Springer. These are some some of the largest publishers in the world.

You all are making a mountain out of a mole hill. The holder of copyright can only recover your loss, not your potential loss, but your actual loss. You would have to pay for your attorney and then you have to prove not only intent but knowledge that that which was copied was known to have been copyrighted. The violator has to make an effort to make sure something is not copyrighted but effort is not defined.

The issue would probably spend years in court and you would have to find a lawyer to take the case - considering the amount to be awarded - this is highly doubtful.

When we as publishers find someone infringing our copyrights we ask them to cease and desist and I have never taken anyone to court.

Reply
Feb 19, 2012 13:55:49   #
pigpen
 
ole sarg wrote:
I have been a scientific/technical publisher for over 40 years (having worked for Macmillan, CRC Press, American Chemical Society, American Pharmaceutical Asso, Academic Press and Springer. These are some some of the largest publishers in the world.

You all are making a mountain out of a mole hill. The holder of copyright can only recover your loss, not your potential loss, but your actual loss. You would have to pay for your attorney and then you have to prove not only intent but knowledge that that which was copied was known to have been copyrighted. The violator has to make an effort to make sure something is not copyrighted but effort is not defined.

The issue would probably spend years in court and you would have to find a lawyer to take the case - considering the amount to be awarded - this is highly doubtful.

When we as publishers find someone infringing our copyrights we ask them to cease and desist and I have never taken anyone to court.
I have been a scientific/technical publisher for o... (show quote)


Thank you for the advice.

Reply
Feb 19, 2012 13:57:48   #
Ragarm
 
Roger Hicks wrote:
thefunxtr wrote:
Geeeez CaptainC .... looks like everyone seems to have blown right past this! (or didn't do the math) 1969 + 28 = 1997!


Have you actually read the link? Specifically, the bit about automatic 67 year extensions? I find it hard to read it otherwise than that the extension is automatic, giving 95 years after creation as the copyright period, but as I'm not being paid to read it, I'm disinclined to pursue the argument.

The simple truth is that ALL copyright law is a nightmare, and that US copyright law prior to 1988 (when the US finally signed the Berne Convention) was an even bigger nightmare, with registration, statutory damages, and all kinds of other things.

Cheers,

R.
quote=thefunxtr Geeeez CaptainC .... looks like e... (show quote)


I read it. I didn't study it, but I got the general drift and was able to pick out a few pertinent details. It wasn't THAT hard to read.

I would extend your observation about copyright law to most every type of law. Very sadly for us, our laws have grown in complexity to be beyond the common person's understanding. Therein resides our loss of liberty, for how can you abide by that which you cannot understand?

It's akin to the religious establishment's prohibitions against the common person reading the bible or other sacred scripts. Those things were held to be too complex for common people to understand. This persisted in Europe and the New World well beyond the Catholic Church's monopoly, plenty of other establishment religions had the same prohibitions.

Actually, it was the breaking down of that prohibition that formed the basis of the "Great Enlightenment." It was the new found sense of freedom in being able to think for oneself that lead to the rise of liberty in the New World and formed the basis of the development of our Constitution.

Why this diversion? Only to make the point that we should not be complacent about being unable to understand the laws and regulations that we are forced to live under. We need a resurgent Enlightenment.

Reply
Feb 19, 2012 13:58:59   #
Histogram
 
really? i feel like i have to act as the "feelings" police. first, if the captain thought he was too busy to answer, then he simply would not have answered. you folks are reading way too much into these posts... your feelings don't matter. take the information you need and move on. why should those who have intelligent answers need to walk on eggshells too? if you get intimidated easily, then get off the internet and hug a family member. i guess i just don't get it... how a perfect stranger can have such a impact on your feelings.

jdphoto wrote:
Ragarm wrote:
pigpen wrote:
Ragarm wrote:
CaptainC wrote:
Wow. It took seconds to find this information on Google.

Lots better than all the supposition and mis-information going on.

Here is the link:
http://www.copyright.gov/title17/92chap3.html

The quick and dirty: Prior to 1978, the (c) lasts 28 years. The 1969 date would appear to make this in the clear under any circumstance unless the copyright was renewed. Since there is not information as to who did it - scan away.


I appreciate your ability and willingness to research facts, and I wish others would try to be more responsible. Supposition and misinformation diminish the usefulness of "our" forum, so THANK YOU!!!!!!!!!!!
quote=CaptainC Wow. It took seconds to find this ... (show quote)


I apologize for wasting your time! I thought asking questions on a forum like this was a form a research. Am I to take it that the "" around OUR means that I'm not welcome here?
quote=Ragarm quote=CaptainC Wow. It took seconds... (show quote)


The quotation marks mean that we all should be trying to improve the quality of our comments.

I don't know why you refer to asking questions. No one criticized questions. The criticism pertains to offering supposition and misinformation. Of what good is a forum containing unreliable advice?

Questions are good. Facts are good. Inaccurate information is bad. Simple!
quote=pigpen quote=Ragarm quote=CaptainC Wow. I... (show quote)


Ragarm: I AGREE with Pigpen all the way. I guess it is people like you is why I don`t ask more questions in this Forum! I am like Pigpen,I WOULD HATE TO WASTE YOUR TIME !!! ( for ANYTHING!)
quote=Ragarm quote=pigpen quote=Ragarm quote=C... (show quote)

Reply
 
 
Feb 19, 2012 14:01:51   #
Greg Loc: Maryland
 
Roger Hicks wrote:
jerryc41 wrote:
Suppose you have a photo of your grandparents taken at a studio in 1894. It's in pretty bad shape, so you bring it to a pro to have it repaired/redone, and he makes you three copies. I can't imagine that being illegal. The original photographer probably isn't in business anymore, but it's unlikely he's going to sue you from his vacation home in Florida.


As far as I recall, international copyright law (US law is not always the same) maintains copyright until 70 years after the death of the creator, so your example is not outstandingly useful in the case described by the OP.

Cheers,

R.
quote=jerryc41 Suppose you have a photo of your g... (show quote)


Assuming it was copyrighted/publishied AFTER 1978. Before 1978 is a horse of another color.

Reply
Feb 19, 2012 14:04:12   #
Roger Hicks Loc: Aquitaine
 
patrick9240 wrote:
you need to go the US patent office website and review the
rules. No need to spend money on an attorney to get
answers when you can obtain it from the patent office.
Just scroll around and you will obtain the answers that
you need.


It'll take a long time; it's not always internally consistent; and I suspect there may be what lawyers call 'terms of art', i.e. words with specific legal meaning.

Even with a law degree (which I have) I find US copyright law unusually brain-numbing. and I'd hesitate to recommend that anyone relied on a layman's reading.

If it actually mattered enough to me, I could probably sort it out in a few hours, or at least a few days. But it's VERY easy for the layman to misinterpret stuff.

It's not entirely fair to blame all this on lawyers. After all, a lawyer has to have a client -- few practise law for fun -- so actually, it's the clients who want to weasel out of reasonable agreements. Then, the lawyers (who sometimes are quite clever) work out how to do the weaseling. Statutes are written to reduce the weasel room, which is why they read the way they do.

Cheers,

R.

Reply
Feb 19, 2012 14:04:44   #
ole sarg Loc: south florida
 
Why do any of us care about copyright? There is the copyright clearance center. If you think you are violating a copyright just drop them a note and they will get back to you.

Just google copyright clearance center.

Real Simple!

Reply
Feb 19, 2012 14:05:58   #
jerryc41 Loc: Catskill Mts of NY
 
Greg wrote:
Before 1978 is a horse of another color.

Please! Let's not get started on the legalities of horses!

Reply
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