Re: filmscanners: Digital Copyright

2001-07-26 Thread Arthur Entlich



LAURIE SOLOMON wrote:
 
 I am arguing that people should not get their expectations up as to the
 nature of the protection that copyright registration provides, the ease of
 enforcement, the extent of the costs of insuring against copyright
 protection in terms of time and money, and what they anticipate by way of
 punitive damages and regular damages or other sanctions from infringers.  

(much cut)

I see copyright regulation and enforcement like traffic lights.  You
sort of hope everyone follow them because the consequences of not doing
so could be very messy, and being the one in the right is no guarantee
that you'll be any less harmed than the person in the wrong.

Art





filmscanners: Re: filmscanners: Digital Copyright (off-topic)

2001-07-23 Thread Rob Geraghty

Roger wrote:
 If the Copyright Office will accept CDs, many of us on
 this list would find if of great benefit since we already scan
 many of our photos and writing a CD is easier and cheaper than
 making contact sheets to send as a deposit.

If their guidelines say anything about file formats and resolutions, that
would be good too.  I wouldn't want to have to send copies of all the full
resolution scans I've done.  Small (640x480 say) jpegs would be ideal because
you could fit *stacks* on a single disk.

I'll have to find out if there's any sort of registration of images in Australia.

Rob


Rob Geraghty [EMAIL PROTECTED]
http://wordweb.com






RE: filmscanners: Digital Copyright

2001-07-23 Thread Tony Sleep

On Sun, 22 Jul 2001 16:46:58 -0600  Stan McQueen ([EMAIL PROTECTED]) wrote:

  I'm concerned that the effect of 
 your argument will be to convince people that it is not worthwhile to go 
 to the effort of registering their images.

For the avoidance of doubt : in most countries except the US, there is no 
concept of copyright registration. The fact of authorship is all that is 
required.

Regards 

Tony Sleep
http://www.halftone.co.uk - Online portfolio  exhibit; + film scanner info 
 comparisons



Re: filmscanners: Digital Copyright (off-topic)

2001-07-23 Thread Stan McQueen

Here's a further hint on the acceptability of CDs of scanned images. Take a 
look at  http://www.loc.gov/copyright/fls/fl107.pdf (Registration of 
Photographs). This indicates that Two or more unpublished photographs may 
be registered as a collection if: 1. The elements are assembled in an 
orderly form; 2. The combined elements bear a single title identifying the 
collection as a whole; 3. The copyright claimant in all the elements and in 
the collection as a whole is the same; and 4. All the of the elements are 
by the same author...

It does not specify the media in which the orderly form must be 
expressed, leaving open the possibility that CDs are acceptable.

I left out one step in the process I follow. I also enclose a stamped, 
self-addressed postcard that says something like:
The stamp of the Copyright Office on this card indicates receipt of the 
following items, and upon the date noted:
1. Registration Form
2. Fee of $30.00
3. Photography by Stan McQueen, 2001 Volume 3 (CD containing scanned images)

They stamp it with their official stamp and return it to me.

Stan
===
Photography by Stan McQueen: http://www.smcqueen.com




Re: filmscanners: Digital Copyright

2001-07-23 Thread Arthur Entlich

Canada has some type of half-butt registration system.  I have never
been able to make much sense of it, or what value it has. I suspect, as
with most matter of government, they'd rather not be bothered with it
;-)

Art

Tony Sleep wrote:
 
 On Sun, 22 Jul 2001 16:46:58 -0600  Stan McQueen ([EMAIL PROTECTED]) wrote:
 
   I'm concerned that the effect of
  your argument will be to convince people that it is not worthwhile to go
  to the effort of registering their images.
 
 For the avoidance of doubt : in most countries except the US, there is no
 concept of copyright registration. The fact of authorship is all that is
 required.
 
 Regards
 
 Tony Sleep
 http://www.halftone.co.uk - Online portfolio  exhibit; + film scanner info
  comparisons



filmscanners: RE: filmscanners: Digital Copyright

2001-07-23 Thread Rob Geraghty

Stan wrote:
What remedies are available in those countries that have no concept of

copyright registration?

AFAIK you simply have to be able to establish that you originated the work.
 With written material, a suggestion which I have received was to send a
copy of the work to yourself by registered mail so that an official date
is established.  A cheaper and possibly less legally watertight method would
be to send a copy to someone you trust and ask them to make sure they keep
it.  You then have some sort of corroboration to your claim from another
party.

Rob


Rob Geraghty [EMAIL PROTECTED]
http://wordweb.com






Re: filmscanners: Digital Copyright (off-topic) and Polaroid SS120 (on-topic)

2001-07-22 Thread Preben Kristensen



AFA I recall from an earlier discussion on this list, it is 
not necessary to even to put a copyright notice -let alone the 
yearon/under your photos - you automatically own the copyright to the 
images you create. That said, it is always a good thing to do in order to 
prevent "misunderstandings":-)

With regard to daisy-chaining Polaroids - I once daisychained 
two SS4000s. They came up in Silverfast under Scanners as Sprintscan 4000 ID:x 
and ID:y (SCSI ID NOs). You could thenselect which one to use.. If you 
would want to use them simultanously, you would probably have to install two 
copies of Silverfast or use one on PCI.

Greetings Preben

  - Original Message - 
  From: 
  [EMAIL PROTECTED] 
  To: [EMAIL PROTECTED] 
  
  Sent: 22 July 2001 05:43
  Subject: Re: filmscanners: Digital 
  Copyright (off-topic) and Polaroid SS120 (on-topic)
  Rob, the copyright symbol in your notice should be followed immediately 
  by the year, not your name.  Stan, since when does the 
  copyright office accept CDs for the required deposit? I was 
  specifically told when I called them (US Copyright Office) about six 
  months ago that they wouldn't accept CDs. They are studying the 
  issue of digital registration of copyrights (with a particular concern for 
  works of art "born digital"), but at the present time they still demand 
  hardcopy photos (or a video tape of the photos). Maybe someday we'll 
  be able to make our copyright application entirely via the internet, 
  complete with digital signature, credit card payment, and digital deposits 
  (such as scanned film or photos "born digital"). But right now, we 
  still have to do it the old fashioned way. They probably threw your 
  CDs away. Of course, they throw just about all deposits away after 
  two years, so what difference does it make? Anyway, this is not the 
  place for a long thread on this topic but I wanted to warn you that you 
  may not have a legal copyright registration. By the way, all US 
  photographers who register copyrights should checkout 
  http://www.loc.gov/copyright/ for the latest forms, instructions, etc. 
  Now for an on-topic request for info on the new Polaroid SS120 medium 
  format scanner: I currently have a PC with Me operating system 
  (firewire ready, from what I understand, but no firewire card installed). 
  I currently have a Polaroid SS4000 installed via a SCSI card. 
  If I buy an SS120, can I have both it and the SS4000 connected at 
  the same time so that I can use either one as the mood strikes me? 
  The SS120 can be used with either firewire or SCSI, but does not 
  come with a card for either. I would like to connect it to the back 
  of my SS4000 so that they form a SCSI daisy chain. Will that work? 
  And what complications will I have with two sets of software? 
  Or maybe four sets since I want to use both Insight and SilverFast 
  with both scanners. Has anyone installed these two scanners on a PC 
  simultaneously, and can they be made to coexist together? In a 
  message dated 7/21/2001 9:36:42 AM Pacific Daylight Time, 
  [EMAIL PROTECTED] writes: 
  At 12:07 AM 7/22/2001 +1000, Rob Geraghty wrote: On the 
larger images I've put "(c) Rob Geraghty 2001" where the (c) is the 
proper copyright symbol.   Rob Finally, I 
register all my images with the copyright office by periodically sending 
a CD containing JPEGs to them. This allows me to recover actual plus 
punitive damages plus attorney's fees in the event of infringement (more 
than $100,000). This is really important, because without registration 
you can only recover actual damages, .. Stan 



Re: filmscanners: Digital Copyright (off-topic) and PolaroidSS120 (on-topic)

2001-07-22 Thread Ian Lyons
Title: Re: filmscanners: Digital Copyright (off-topic) and Polaroid SS120 (on-topic)





 If I buy an SS120, can I have both it and 
 the SS4000 connected at the same time so that I can use either one as the 
  mood strikes me?

Yes! It is a simple matter of selecting in either Insight Pro or SilverFast (if you get it) which scanner you wish to use. If one is connected to SCSI and the other Firewire you don't even need to worry about device ID's. Daisy Chaining them on the SCSI bus is also fairly easy in so far as all you need ensure is that each uses a different ID.



Ian Lyons
http://www.computer-darkroom.com






RE: filmscanners: Digital Copyright

2001-07-22 Thread Lynn Allen

Laurie wrote:

Like locks, copyright notices and the like are basically only for the 
honest and should not in and of themselves be regarded as practical 
protection against deliberate infringements - actual or potential.

I don't think anybody who's in or near the business can disagree with *that* 
statement (or the rest of Laurie's post, FTM, which I'm not including here).

It seems to me that the latest US Copyright Law (and other IP decisions) 
as convoluted and in places compex as they are, favor the pickpocket and 
locksmith (to extend Laurie's metaphor) more than the person who created 
the property in the first place.

Best regards--LRA

_
Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp




RE: filmscanners: Digital Copyright

2001-07-22 Thread LAURIE SOLOMON

Rob,
Registering a copyright in one country first gives you copyright protection
in that country even if you do not live there or are not a citizen there and
second may give you some legal standing in other countries if you should
wish to bring legal action against someone who has infringed on the
copyright in that other country.  In the later case, the copyright
registration in the US for example provides a prima facia case for
common-law legal claims in another country like Canada, UK, Australia, etc.
even if one has not formally registered the copyright in those countries and
may not be fully entitled to the complete copyright protections or punitive
damages and sanctions furnished under that copyright laws of that country.

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Rob Geraghty
Sent: Saturday, July 21, 2001 10:33 PM
To: [EMAIL PROTECTED]
Subject: Re: filmscanners: Digital Copyright


Stan McQueen [EMAIL PROTECTED] wrote:
 It's a little hard to tell from your post, but I'm assuming that you are
 not arguing in opposition to registering the copyright on one's images.

What protection does registration with the *US* Copyright office offer if
the person who infringes your copyright is in another country?  Conversely,
what good does the US copyright office offer myself as an Australian
citizen?  Presumably I can't mail CDs of pictures to the USA for
registration.  I don't know of such a service in Australia.

Rob





RE: filmscanners: Digital Copyright

2001-07-22 Thread LAURIE SOLOMON

It's a little hard to tell from your post, but I'm assuming that you are
not arguing in opposition to registering the copyright on one's images.

Correct.

If your image is registered, even the casual image buyer will have much
to fear from you, because he will have to pay your court costs. You will,
in all likelihood, end up owning his business.

Even if logically true, this is not practically so.  The casual image
buyer often has little or no knowledge or understanding of copyright laws
or the consequences of violating them so they do not typically serve as an
effective deterrent in the case of that class of buyers.  Those in that
class of buyers who do regularly infringe on copyrights or are prone to will
continue to do so playing the laws of averages which favors their not
getting caught or having legal action being pursued against them.  Having
said that, one also has to recognize that the monetary fines and legal
penalties associated with the criminal aspects of copyright infringement
depend on the decisions of the judge who often takes into consideration such
things as the deliberateness of the infringement and any potential fair
use aspects that might apply when deciding on penalties and sanctions.
Moreover, such penalties and sanctions (i.e., criminal sanctions and costs
as opposed to civil) go to the state and not the copyright owner who in
criminal cases is not the plaintiff.  The copyright owner is the plaintiff
only in the civil aspects of the case where court costs, legal costs, and
damages are granted to the copyright owner under the provisions of the
copyright law.  But here again, it is up to the judges discretion as to how
much within the range permitted by the law will be allowed.  The judge does
not have to grant the full amounts stated in the copyright law's statutory
statement of penalties and damages but only has to grant a reasonable amount
given the circumstances within those statutory limits.

I don't believe the incorporation status matters. Incorporation cannot
shield one from illegal acts.

Since most copyright law violations and infringements are civil matters and
not criminal violations, incorporation does furnish a great deal of
protection to the individuals within the corporate structure.  If the
violation was a criminal one rather than a civil violation under the law,
you might be right.  However, incorporation also typically affords
protections in that commercial violators often are corporations owned by
corporations who are subsidiaries of corporations that are owned by layers
of holding companies.  This is one of the reasons why mail order scams never
result in the arrest, trial, conviction, and sentencing of individual
perpetrators who are the main beneficiaries; it is only the small fish that
get caught and punished.

If an individual uses your copyrighted images on their website (and you
find out), you can notify the ISP of the infringement. Since they don't
want to hand their business over to you, they will generally cooperate, or
so I'm told by those who have done it.

Once again the effectiveness of this action depends on the ISP.  Many ISPs
claim and argue that they are mere conduits for information and data
transfer and not policemen.  They will take action only after the courts
have deemed the infringement legitimately an infringement in violation of
the law (i.e., after the legal action has be resolved by the courts).  If
the general effectiveness of the suggested approach were high, I would
suggest that we would see similar effectiveness in the impact of complaints
on ISPs controlling spam and pornography that flows over their portals
and/or via hackers utilizing their networks and addresses.  The fact is that
any effort on their part at preventing copyright infringement tends to work
with only the honest violators who have done so without malice of deliberate
intent and not on those who knowingly and deliberately use images in
violation of copyrights.

It is for these reasons that I say you might be overly optimistic.

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Stan McQueen
Sent: Saturday, July 21, 2001 9:25 PM
To: [EMAIL PROTECTED]
Subject: RE: filmscanners: Digital Copyright


It's a little hard to tell from your post, but I'm assuming that you are
not arguing in opposition to registering the copyright on one's images.

I have never experienced infringement myself. I am getting my information
second hand from the EP and StockPhoto lists.

I should have mentioned that the people who have told me this have all
experienced the infringement at the hands of (otherwise) legitimate
publishers who would normally have licensed the image, but probably didn't
due to some administrative foulup.

If your image is registered, even the casual image buyer will have much
to fear from you, because he will have to pay your court costs. You will,
in all likelihood, end up owning his business. Of course, if the defendant

RE: filmscanners: Digital Copyright

2001-07-22 Thread Stan McQueen

At 02:16 AM 7/22/2001 -0500, you wrote:
 It's a little hard to tell from your post, but I'm assuming that you are
 not arguing in opposition to registering the copyright on one's images.

Correct.

Then what are you arguing about? And why? I'm concerned that the effect of 
your argument will be to convince people that it is not worthwhile to go to 
the effort of registering their images. That would not be a Good Thing 
would it?

Stan
===
Photography by Stan McQueen: http://www.smcqueen.com




Re: filmscanners: Digital Copyright (off-topic)

2001-07-22 Thread RogerMillerPhoto
Stan, you may be correct in your belief that the US Copyright Office will 
accept CDs as a deposit when registering photographs. All I can say is that 
I was told otherwise when I talked to them via telephone. I just completed a 
search of the Copyright Offices web site and couldn't find the answer there. 
I did find a comment that "Circular 96, Sections 202.19, 202.20, and 202.21 
... contains the deposit regulations of the Copyright Office." So I have 
written for a copy and will report back here if it answers the question. I'm 
suspicious of the answer I was give by the Copyright office because I've read 
that ASMP (American Society of Media Photographers) was instrumental in 
getting them to accept a video tape of photographs and slides as a deposit, 
but the woman I talked to wasn't aware of that either; she insisted on 
hardcopies.

Sorry for this being off-topic, but it is an important issue and I'll try to 
end any long-thread speculation by getting an answer directly from the 
Copyright Office. If the Copyright Office will accept CDs, many of us on 
this list would find if of great benefit since we already scan many of our 
photos and writing a CD is easier and cheaper than making contact sheets to 
send as a deposit. I know, because I spent an entire day in the darkroom 
doing just that just a few months ago even though all images had previously 
been scanned.

In a message dated 7/22/2001 3:51:35 PM Pacific Daylight Time, 
[EMAIL PROTECTED] writes:


Stan, since when does the copyright office accept CDs for the required
deposit? I was specifically told when I called them (US Copyright Office)
about six months ago that they wouldn't accept CDs. They are studying the
issue of digital registration of copyrights (with a particular concern for
works of art "born digital"), but at the present time they still demand
hardcopy photos (or a video tape of the photos). Maybe someday we'll be 
able
to make our copyright application entirely via the internet, complete with
digital signature, credit card payment, and digital deposits (such as 
scanned
film or photos "born digital"). But right now, we still have to do it the
old fashioned way. They probably threw your CDs away. Of course, they 
throw
just about all deposits away after two years, so what difference does it
make? Anyway, this is not the place for a long thread on this topic but I
wanted to warn you that you may not have a legal copyright registration. 
By
the way, all US photographers who register copyrights should checkout
http://www.loc.gov/copyright/ for the latest forms, instructions, etc.

I can only hope your source is wrong about this. Here is the information I 
have been basing my registrations on (snippet from message posted by Fred 
Ward on the EditorialPhoto list):

I spent the day yesterday in the copyright section of the Library of
Congress in Washington. I was looking for some infringements where
others may have copyrighted my work. While there I sat with two
copyright specialists and asked a number of questions that relate to
photographers and registrations.

1. My latest registration technique is to place images onto writable
CDs. Here are the rules related to registering multiple images or
collections of pictures:

Photographs on CDs are fine if all the included works have NOT been
published. You cannot register published pictures on a CD. This is
because the LofC requires a physical copy or photocopy of the published
material to accompany your registration form;

Image size and resolution are not important. The specialists said to
make them large enough to clearly be seen and recognized;

No written description is needed on the CD or on the images inside or on
the registration document. You can just put "unpublished pictures" if
you like.

MAC and PC CDs are accepted;

Stan





Re: filmscanners: Digital Copyright

2001-07-21 Thread Stan McQueen

At 12:07 AM 7/22/2001 +1000, Rob Geraghty wrote:
I note there's been some discussion of copyright lately.  I just uploaded a
stack of new pictures to my website, and it's taken quite a while to process
them all.  On the larger images I've put (c) Rob Geraghty 2001 where the
(c) is the proper copyright symbol.  I've also marked each picture using
Digimarc watermarking, which is built into Paintshop Pro.  The watermarking
works OK on larger images (like 1024x768) but makes smaller images (320x200)
really poor.  It makes the images look like they've used a higher level of
compression than they have.  I guess 320x200 is so small that nobody could
do much with it, but it's also too small to put the text copyright message
in.

Has anyone else tried this sort of thing?  If you want to see what the
images look like they're on http://wordweb.com and click on the Stories link
in the index at the top, then the link to the story about Airlie Beach.
They've all been scanned using a Nikon LS30 scanner with Vuescan.  This is
the argumentative film which Vuescan's dust and scratch filtering doesn't
seem to work on.

I'd be interested to hear the comments of others on the subject of
copyrighting images for web publication.

Rob

I do something similar on my website ( http://www.smcqueen.com ). I wrote a 
Perl script that takes the original TIFF file, plus a text file with info 
for the database, and produces two JPEGs--one for a thumbnail and a larger 
one to display when someone clicks on the thumbnail. Both images are 
produced in 72ppi density. The larger one has some framing that contains a 
copyright notice. The thumbnail doesn't, because as you've noted, there 
really isn't room. Although I use PSP, also I don't bother with the 
Digimarc watermarking, because it is not that hard to break (or so I've 
been told) and I think degrades the image somewhat. With small (200x200 or 
400x400) images at 72ppi I'm not too worried about someone stealing the 
image and producing a magazine spread or calendar layout. In addition to 
the copyright notice on the larger image, there is a copyright notice on 
the entire site noting that all images are copyrighted by me unless 
otherwise marked. (For example, I have a picture of me taking a picture on 
the front page. That photo was taken by friend and fellow photographer Gary 
Hall. I have his copyright notice on it and a link to his website.) 
Finally, I register all my images with the copyright office by periodically 
sending a CD containing JPEGs to them. This allows me to recover actual 
plus punitive damages plus attorney's fees in the event of infringement 
(more than $100,000). This is really important, because without 
registration you can only recover actual damages, which are like to be 
fairly small--just the income you lost by the perpetrator stealing your 
photo rather than licensing it from you. I haven't experienced infringement 
yet, but I'm told by those who have that virtually all infringers will 
gladly pay your triple licensing fee in accordance with ASMP and EP 
practice rather than chance a suit over a registered image.

Stan
===
Photography by Stan McQueen: http://www.smcqueen.com




RE: filmscanners: Digital Copyright

2001-07-21 Thread LAURIE SOLOMON

I'm told by those who have that virtually all infringers will
gladly pay your triple licensing fee in accordance with ASMP and EP
practice rather than chance a suit over a registered image.

This statement is slightly over-optimistic and a little lacking in
qualifications.

First, it probably is truer of legitimate established picture buyers, who
would probably pay the licensing fees anyway, than the average man on the
street or the causal image buyer who is running a personal home office
operation.  The latter do not understand, like, or support copyright rights
and reject notions of having to pay to use things on the web, for starters;
they also are willing to play the odds against getting caught since they
often are engaging in relatively small and narrowly focused distribution of
the used images.  Moreover, they often count on the costs in time and effort
as well as the monetary expenses of the copyright owner undertaking
proceedings against them legally to dissuade any such action from being
taken against them since they recognize that they are little fish and that,
despite any court's orders, you cannot get more money from someone than they
have - they also may be protected from personal penalties if they formed a
corporation and acted under the cloak of that corporation.

Second, it is up to the copyright owner to be vigilant in protecting his or
her copyright, which means that you would have to be spending a lot of time
and effort keeping track of your images and their potential and actual uses
in the marketplace in order to be able to bring any action against an
infringer.  This is often more trouble than it is worth; and most infringers
know that.  Furthermore, they also know the speed of the courts in hearing
and acting on cases, which is extraordinarily slow and tedious.  Thus, they
are prone to count on the copyright owner not pursuing the case to a legal
conclusion but - at worst - settling out of court for pennies on a dollar of
what they might have obtained if they had gotten the license fees or the
legal penalty had been levied.

Like locks, copyright notices and the like are basically only for the honest
and should not in and of themselves be regarded as practical protection
against deliberate infringements - actual or potential.



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Stan McQueen
Sent: Saturday, July 21, 2001 11:32 AM
To: [EMAIL PROTECTED]
Subject: Re: filmscanners: Digital Copyright


At 12:07 AM 7/22/2001 +1000, Rob Geraghty wrote:
I note there's been some discussion of copyright lately.  I just uploaded a
stack of new pictures to my website, and it's taken quite a while to
process
them all.  On the larger images I've put (c) Rob Geraghty 2001 where the
(c) is the proper copyright symbol.  I've also marked each picture using
Digimarc watermarking, which is built into Paintshop Pro.  The watermarking
works OK on larger images (like 1024x768) but makes smaller images
(320x200)
really poor.  It makes the images look like they've used a higher level of
compression than they have.  I guess 320x200 is so small that nobody could
do much with it, but it's also too small to put the text copyright message
in.

Has anyone else tried this sort of thing?  If you want to see what the
images look like they're on http://wordweb.com and click on the Stories
link
in the index at the top, then the link to the story about Airlie Beach.
They've all been scanned using a Nikon LS30 scanner with Vuescan.  This is
the argumentative film which Vuescan's dust and scratch filtering doesn't
seem to work on.

I'd be interested to hear the comments of others on the subject of
copyrighting images for web publication.

Rob

I do something similar on my website ( http://www.smcqueen.com ). I wrote a
Perl script that takes the original TIFF file, plus a text file with info
for the database, and produces two JPEGs--one for a thumbnail and a larger
one to display when someone clicks on the thumbnail. Both images are
produced in 72ppi density. The larger one has some framing that contains a
copyright notice. The thumbnail doesn't, because as you've noted, there
really isn't room. Although I use PSP, also I don't bother with the
Digimarc watermarking, because it is not that hard to break (or so I've
been told) and I think degrades the image somewhat. With small (200x200 or
400x400) images at 72ppi I'm not too worried about someone stealing the
image and producing a magazine spread or calendar layout. In addition to
the copyright notice on the larger image, there is a copyright notice on
the entire site noting that all images are copyrighted by me unless
otherwise marked. (For example, I have a picture of me taking a picture on
the front page. That photo was taken by friend and fellow photographer Gary
Hall. I have his copyright notice on it and a link to his website.)
Finally, I register all my images with the copyright office by periodically
sending a CD containing

RE: filmscanners: Digital Copyright

2001-07-21 Thread Stan McQueen

It's a little hard to tell from your post, but I'm assuming that you are 
not arguing in opposition to registering the copyright on one's images.

I have never experienced infringement myself. I am getting my information 
second hand from the EP and StockPhoto lists.

I should have mentioned that the people who have told me this have all 
experienced the infringement at the hands of (otherwise) legitimate 
publishers who would normally have licensed the image, but probably didn't 
due to some administrative foulup.

If your image is registered, even the casual image buyer will have much 
to fear from you, because he will have to pay your court costs. You will, 
in all likelihood, end up owning his business. Of course, if the defendant 
is judgement-proof because of no funds, it doesn't matter what you do--you 
won't collect.

I don't believe the incorporation status matters. Incorporation cannot 
shield one from illegal acts.

If an individual uses your copyrighted images on their website (and you 
find out), you can notify the ISP of the infringement. Since they don't 
want to hand their business over to you, they will generally cooperate, or 
so I'm told by those who have done it.

Finally, the point I was trying to make is that, in order to avail oneself 
of the fullest protection of the law, your image copyrights need to be 
registered with the Copyright Office. Otherwise, your rights of recovery 
are limited by law to actual damages, which are not usually worth pursuing.

Stan

At 12:25 AM 7/21/2001 -0500, you wrote:
 I'm told by those who have that virtually all infringers will
 gladly pay your triple licensing fee in accordance with ASMP and EP
 practice rather than chance a suit over a registered image.

This statement is slightly over-optimistic and a little lacking in
qualifications.

First, it probably is truer of legitimate established picture buyers, who
would probably pay the licensing fees anyway, than the average man on the
street or the causal image buyer who is running a personal home office
operation.  The latter do not understand, like, or support copyright rights
and reject notions of having to pay to use things on the web, for starters;
they also are willing to play the odds against getting caught since they
often are engaging in relatively small and narrowly focused distribution of
the used images.  Moreover, they often count on the costs in time and effort
as well as the monetary expenses of the copyright owner undertaking
proceedings against them legally to dissuade any such action from being
taken against them since they recognize that they are little fish and that,
despite any court's orders, you cannot get more money from someone than they
have - they also may be protected from personal penalties if they formed a
corporation and acted under the cloak of that corporation.

Second, it is up to the copyright owner to be vigilant in protecting his or
her copyright, which means that you would have to be spending a lot of time
and effort keeping track of your images and their potential and actual uses
in the marketplace in order to be able to bring any action against an
infringer.  This is often more trouble than it is worth; and most infringers
know that.  Furthermore, they also know the speed of the courts in hearing
and acting on cases, which is extraordinarily slow and tedious.  Thus, they
are prone to count on the copyright owner not pursuing the case to a legal
conclusion but - at worst - settling out of court for pennies on a dollar of
what they might have obtained if they had gotten the license fees or the
legal penalty had been levied.

Like locks, copyright notices and the like are basically only for the honest
and should not in and of themselves be regarded as practical protection
against deliberate infringements - actual or potential.



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Stan McQueen
Sent: Saturday, July 21, 2001 11:32 AM
To: [EMAIL PROTECTED]
Subject: Re: filmscanners: Digital Copyright


At 12:07 AM 7/22/2001 +1000, Rob Geraghty wrote:
 I note there's been some discussion of copyright lately.  I just uploaded a
 stack of new pictures to my website, and it's taken quite a while to
process
 them all.  On the larger images I've put (c) Rob Geraghty 2001 where the
 (c) is the proper copyright symbol.  I've also marked each picture using
 Digimarc watermarking, which is built into Paintshop Pro.  The watermarking
 works OK on larger images (like 1024x768) but makes smaller images
(320x200)
 really poor.  It makes the images look like they've used a higher level of
 compression than they have.  I guess 320x200 is so small that nobody could
 do much with it, but it's also too small to put the text copyright message
 in.
 
 Has anyone else tried this sort of thing?  If you want to see what the
 images look like they're on http://wordweb.com and click on the Stories
link
 in the index at the top, then the link to the story

Re: filmscanners: Digital Copyright

2001-07-21 Thread Rob Geraghty

Stan McQueen [EMAIL PROTECTED] wrote:
 It's a little hard to tell from your post, but I'm assuming that you are
 not arguing in opposition to registering the copyright on one's images.

What protection does registration with the *US* Copyright office offer if
the person who infringes your copyright is in another country?  Conversely,
what good does the US copyright office offer myself as an Australian
citizen?  Presumably I can't mail CDs of pictures to the USA for
registration.  I don't know of such a service in Australia.

Rob





Re: filmscanners: Digital Copyright (off-topic) and Polaroid SS120 (on-topic)

2001-07-21 Thread RogerMillerPhoto
Rob, the copyright symbol in your notice should be followed immediately by 
the year, not your name. 

Stan, since when does the copyright office accept CDs for the required 
deposit? I was specifically told when I called them (US Copyright Office) 
about six months ago that they wouldn't accept CDs. They are studying the 
issue of digital registration of copyrights (with a particular concern for 
works of art "born digital"), but at the present time they still demand 
hardcopy photos (or a video tape of the photos). Maybe someday we'll be able 
to make our copyright application entirely via the internet, complete with 
digital signature, credit card payment, and digital deposits (such as scanned 
film or photos "born digital"). But right now, we still have to do it the 
old fashioned way. They probably threw your CDs away. Of course, they throw 
just about all deposits away after two years, so what difference does it 
make? Anyway, this is not the place for a long thread on this topic but I 
wanted to warn you that you may not have a legal copyright registration. By 
the way, all US photographers who register copyrights should checkout 
http://www.loc.gov/copyright/ for the latest forms, instructions, etc.

Now for an on-topic request for info on the new Polaroid SS120 medium format 
scanner:

I currently have a PC with Me operating system (firewire ready, from what I 
understand, but no firewire card installed). I currently have a Polaroid 
SS4000 installed via a SCSI card. If I buy an SS120, can I have both it and 
the SS4000 connected at the same time so that I can use either one as the 
mood strikes me? The SS120 can be used with either firewire or SCSI, but 
does not come with a card for either. I would like to connect it to the back 
of my SS4000 so that they form a SCSI daisy chain. Will that work? And what 
complications will I have with two sets of software? Or maybe four sets 
since I want to use both Insight and SilverFast with both scanners. Has 
anyone installed these two scanners on a PC simultaneously, and can they be 
made to coexist together?

In a message dated 7/21/2001 9:36:42 AM Pacific Daylight Time, 
[EMAIL PROTECTED] writes:


At 12:07 AM 7/22/2001 +1000, Rob Geraghty wrote:
On the larger images I've put "(c) Rob Geraghty 2001" where the
(c) is the proper copyright symbol. 

Rob

Finally, I register all my images with the copyright office by periodically 
sending a CD containing JPEGs to them. This allows me to recover actual 
plus punitive damages plus attorney's fees in the event of infringement 
(more than $100,000). This is really important, because without 
registration you can only recover actual damages, ..
Stan