This bears discussion, as it does relate to our medium.
I can only relate Canadian copyright law, with it's implication
that it is similar to GATT signatory countries (which does
include the USA, I believe).
Uder Canadian Copyright law, I hold 100 percent rights to my
work unless someone has paid me to do the work, and there is no
agreement between us WRT copyright exclusions. This is where the
financial gain part comes into play. If you pay me to do the job
and don't sign away your rights, you own the work, the same way
any employer owns the work of an emplyee.
What this means, is if we don't have a contract, and you haven't
paid me for the work (this is how the PUG works) you have
absolutely no rights to copy my work, in any manner whatsoever.
There is no fair use clause in the section of the copyright act
WRT photographs.
With this in mind, I can certainly restrict your rights without
your permission, as you have no right in the first place WRT my
work.
The problem, of course, is enforcement, which with the internet,
is well nigh impossible.
Of course, I am just a layman at this. Are there any lawyers in
the crowd (who will admit it)?
William Robb
----- Original Message -----
From: "John Francis" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, January 19, 2001 7:16 PM
Subject: Re: OT: Lycos Multimedia and image harvesting?
>
> 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.
>
>
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