William Robb wrote:
----- Original Message ----- From: "John Sessoms"
Subject: Re: OT: Down the memory hole ...
I remember a long argument somewhere here or in usenet about what my
responsibility was at the photolab regarding customers who came in to
make copies of copyrighted images. Under the DMCA, it's the equipment
owner who's financially liable for any infringement. The penalties
are quite draconian.
I suggested anyone who shoots weddings and provides the couple with a
CD of the images to print their own should include a copyright release.
I was roundly condemned for being a "bad cop", and informed it was
not my job to "enforce bad laws".
Bad law or not, if you don't enforce it, you will, ultimately, take a
hit for it.
Interestingly, and I believe I've mentioned this before, a lot of the
problems you guys have with copyright isn't the DMCA, it's who you
grant ownership to.
It's ludicrous that a photographer can claim ownership of something he
was hired to make, and paid, often very expensively, in full for
making. It's like Joe Airwrench claiming ownership of my truck because
he bolted the driver's side front wheel onto it.
William Robb
It's the simple default contract in this case. Making something the
default makes sense and our law went with the traditional. I've
assigned rights a number of times, it's usually done at the time I've
been contracted for the service. If a photographer doesn't agree to
assign rights then the employer can find a new photographer. Most would
agree to the terms just to get the work. The problem arises when
someone doesn't understand or wishes to subvert the law. Besides what
you describe with Joe Airwrench is more like taking a model's portfolio
then claiming possession of the model having taken the photos...
--
The free man owns himself. He can damage himself with either eating or
drinking; he can ruin himself with gambling. If he does he is certainly a damn
fool, and he might possibly be a damned soul; but if he may not, he is not a
free man any more than a dog.
--G. K. Chesterton
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