The Plantation Foundation is suing the photographer for making and 
selling Fine Art prints as a commercial use in the court dedicated to 
copyright claims as a copyright infringement.. The law is being 
stretched beyond all recognition. The photographer is selling them for 
prices ranging from $2500 to $4000 depending on size.  I don't think you 
could make a case that he's churning out prints on his Epson printer.  
He's selling Fine Art Prints for _Really_ Fine Art Prices.  Hell at 
those prices if he's selling more than one a month, no matter what his 
reputation, I'd be astounded.

graywolf wrote:
> I did not say anything about fine art prints. Commercial use is not fine art 
> use. However selling hundreds of copies printed on your trusty Epson probably 
> is 
> commercial use; and I am pretty dam sure selling thousands of litho prints is 
> no 
> matter how artsy the image is. You keep putting specific stuff in when it is 
> pretty clear I am talking generalities.
>
> You read something that is not in anyway definitive and think you know all 
> about 
> that particular case. I would think, myself, that a university's attorneys 
> would 
> be better than average and might just know what they are doing. I am not 
> qualified to make a legal decision on a case I have not read, wouldn't be 
> even 
> if I was a lawyer.
>
> Not being clairvoyant I have no idea what the attorneys in that particular 
> case 
> are doing, they may be wrong, then again they may be crafty as heck. You of 
> course have read their minds and know all, so I will do as I intended and 
> shut 
> the eff up.
>
>
>
> P. J. Alling wrote:
>   
>> You should read the NY Times article I posted, selling Art prints is not 
>> a commercial purpose under US law.  Nor is it a violation of copyright.  
>> The case is being tried under the wrong law in the wrong court for a 
>> crime that hasn't been committed.
>>
>> graywolf wrote:
>>     
>>> You guys are still confusing the right to take the photo, and the right to 
>>> use 
>>> the photo commercially. They are entirely different issues, as I have said 
>>> before.
>>>
>>> John Sessoms wrote:
>>>   
>>>       
>>>> From: Adam Maas
>>>>
>>>>     
>>>>         
>>>>> This is a very grey area. If your Blazer is parked in a public area
>>>>> when the picture was taken, you have no standing to sue. If it was on
>>>>> private property, things get murky (unless the photographer was also
>>>>> on the same private property, at which point the question becomes one
>>>>> of straight trespass).
>>>>>
>>>>> -Adam
>>>>>       
>>>>>           
>>>> If it's parked on private property, but visible from the street or other 
>>>> public right of way, it's still fair game.
>>>>
>>>> That plantation is open as a tourist attraction, and is "public use".
>>>>
>>>>     
>>>>         
>>>   
>>>       
>>     
>
>   


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