----- Original Message ----- 
From: "Tom C"
Subject: Re: DMCA Takedown (was Stolen Photos)




>
> I'm not suggesting that a lab owner or worker should not be aware of the
> issue or somewhat concerned.  I'm more or less suggesting (if I know what
> I'm trying to say) that *strict and rigid* adherence to the letter of the
> law would likely make the lab and it's employees unproductive as well as
> less likeable.

Unfortunately, rigid adherence is all we can do as lab operators. You either 
obey the law or you disobey the law, there really isn't a gray area here.
And yes, it does make the lab less productive and the employees less 
likable, but the alternative, if a photographer decides to go fishing for a 
violation and catches one is a lab that is a heck of a lot poorer because of 
the fine, and more than likely an out of work employee.

>
> It's a crime to steal personal property, but Costco and other mass market
> photo finishers set a customer's copyrighted material out in an 
> unmonitored
> bin after processing it, for the convenience of both the store and the
> customer, allowing anyone to walk by and pickup someone else's photos.
>
> 1. Most "photographers" wouldn't take serious work there to begin with.
> 2. However, if the lab had the responsibiliy to protect copyrighted 
> material
> from being copied, what about protecting the original copyrighted work
> itself from being pilfered or misapproriated?

The customer also has a responsibility to look at a Costco method of 
treating customer property the same as it treats a loaf of bread and 
deciding if the risk of theft is worth the cost benefit of leaving work at 
that lab.

>
> I'm saying that common sense factors in here somewhere.  Traffic police 
> who
> ARE law enforcement don't look for and don't stop each and every violator.
> They deliberately ignore some and forgive others.  It may be that they are
> on their way to jelly donuts and coffee, or that they are not robots but
> simply humans, as I suspect most lab employees are (simply human).
>

Common sense stopped factoring in when the people who wrote the copyright 
act didn't put in a clause forcing the copyright owner to mark his work as 
such.
For lab employees, the copyright law is a driftnet that you swim into at 
your own peril. You might swim out, or you might not.

William Robb 


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