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.
There are at least two DCMAs:
The Digital Millennium Copyright Act, which is what I believe you're
making reference to, and the
Defense Contract Management Agency, which my wife happens to be expert
in... :-D
Nice thing is, however, as a practitioner in either, I suspect you have
to know all about Federal _and_ Commercial contract law.
Except for details here and there, contract law doesn't differ much from
place to place.
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
Yessir. I agree with you.
It would seem to me, that in a court of law, the mere fact that he was
HIRED to make the image(s) automatically flips the ownership question to
the person who contracted with the photographer as being the owner of
the output. That's what the contractor paid for.
My hard working plumber doesn't own any of the copper piping he
installed in my house. I do. Nor the A/C he bought with my money and
installed in my master BR.
He's been paid and that's that...
Payment of the photographer's bill/invoice is the end of the process.
The photographer got paid for all his/her efforts, and the contractor
got his/her images. Contract complete...
keith whaley
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