This should never have become a copyright issue. It's not a matter of who owns the copyright of the photographs, Ham owns it. There can be no copyright violation from making the photographs in question. Even if you could copyright a grove of trees, he hasn't copied the trees. It's a question of trespass. If the court makes it a question of copyright, they will have taken the letter and intent of the law and twisted it out of all recognition. If that happens we are all in trouble.
Rebekah wrote: > I don't see how this guy making money off of the photographs could be > considered "damages". They certainly didn't lose any money just > because he made some - from what I can tell the clause on the property > said 'no photographs for commercial gain' - not, 'if you make some > money, you have to share'. And trespassing is illegal, but did he > 'damage' anything? I really think the only thing they can do is point > their finger and file a police report for trespassing. I'll certainly > be watching the outcome of this case closely because I just went to a > nearby plantation and photographed just about everything there, > although I really doubt I'll be selling my pictures for any price, let > alone a few grand. > > rg2 > > > > > On 10/8/07, John Francis <[EMAIL PROTECTED]> wrote: > >> On Sun, Oct 07, 2007 at 11:10:50AM -0400, graywolf wrote: >> >>> The issue with copyrights, trademarks, and patents is that they have been >>> ordained as property by law thus extending the same property rights to >>> them. And >>> because of that they have to be registered with the government before the >>> courts >>> will hear the case. >>> >> That is incorrect. But the copyright must be registered before the copyright >> violation can be prosecuted as a criminal (as opposed to civil) offence, and >> if the copyright is not registered you can only be awarded actual (rather >> than >> punitive) damages. >> >> >> -- >> PDML Pentax-Discuss Mail List >> [email protected] >> http://pdml.net/mailman/listinfo/pdml_pdml.net >> to UNSUBSCRIBE from the PDML, please visit the link directly above and >> follow the directions. >> >> > > > -- Remember, it’s pillage then burn. -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
