William Robb wrote:
>
> My own opinion is that there can only be "fair use" with
> something done for commercial gain. This is certainly the case
> if you do book reviews, for example. The PUG is non commercial,
> and consequently, the images belong to the owner. I invite you
> to read our disclaimer: "The copyrights of the images on this
> site are owned by the individual photographers. Use of them
> without written permission is illegal." This (or something
> similar) is on every gallery index page (or should be, someone
> tell me if we have missed it on the older galleries). My
> experiment at Lycos misdirection is successful, and the
> thumbnails still come up on their page. Therefore they have
> published images owned by another person without written
> permission (mine for sure).
> They are, in my opinion, guilty of breaking international
> copyright law.
> William Robb
It is a commonly-held misconception that commercial gain has
any relevance to copyright law. The most common illusion is
that it is somehow OK to copy something provided the copier
has no financial benefit from making the copy. That is, of
course, untrue - the only difference is in the penalties for
the copyright violation.
Whether thumbnailing an image is, or is not, a violation of the
law in no way depends on whether the image is being displayed
for financial gain. Nor, for that matter, does it depend on
the text on the surrounding page, or even on the presence of a
copyright notice. You can't restrict "fair use" in that way.
You can unilaterally weaken your own position under the law,
but you can't restrict my rights without *my* permission.
--
John Francis [EMAIL PROTECTED] Silicon Graphics, Inc.
(650)933-8295 2011 N. Shoreline Blvd. MS 43U-991
(650)932-0828 (Fax) Mountain View, CA 94043-1389
Hello. My name is Darth Vader. I am your father. Prepare to die.
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