[Leica] Leica Fotographie Magazine downloads......

Wed Jul 8 08:17:58 PDT 2015

Here's a link that explains Fair Use nicely.

http://library.nsula.edu/fair-use/

(Notice I attributed it before I *fairly used* it on the University Webpage)

On Wed, Jul 8, 2015 at 9:04 AM, Bryan Caldwell <bcaldwell51 at earthlink.net>
wrote:

> I did some checking (I’m an attorney) and much of this material is subject
> to a U.S. Copyright of 95 years without having to be renewed. Whether or
> not they are of historical significance is legally irrelevant, just as
> whether they are still in print is irrelevant. It is the copyright holder’s
> choice as to what is done with them. If the copyright holder chose to
> destroy them they would be completely entitled to do so.
>
> “Fair use” is a term of art in copyright law. Two things that argue
> strongly against this falling within the fair use exception is that the
> works are reproduced in their entirety and that they are posted for
> download to all comers. My strong suspicion is that this would not fall
> within the fair use exception. Any disclaimer accompanying the downloads is
> meaningless.
>
> Another way to look at this is to ask yourself how you would feel if
> someone gained access to your photographs and, without your permission,
> posted them to the world for download.
>
> There are some potential sub-issues here as well. I assume that Leica
> Fotographie obtained releases from the photographers whose work is involved
> (as well as those photographers obtaining release from their subjects) and
> those releases may have been for limited use - a single publication, for
> instance. This current use may not just be infringing upon Leica
> Fotographie’s copyright, but against the copyright holders of the content
> within.
>
> As much as I would like to, I will not be downloading any of this.
>
> Bryan Caldwell
>
>
> > On Jul 8, 2015, at 4:19 AM, Peter Dzwig <pdzwig at summaventures.com>
> wrote:
> >
> > I agree, obviously I wish that he had got Leica's permission. I presume
> all the
> > photogs ceded at least some of their rights to Leica.
> >
> > If he is intending to create an archive of issues for public access and
> with at
> > least a reasonable lifespan, then he is performing a service both to the
> Leica
> > community and to photography as a whole, using copies which we assume
> that he
> > purchased himself.
> >
> > However I doubt that the archive will have permanence beyond maybe ten
> years or
> > so, unless others get involved and Leica give it their blessing.
> >
> > Obviously I understand your perspective but there is a tension here. If
> nothing
> > were done a resource of historical importance - to some, at least -
> would be
> > lost. How do we resolve the issue between preserving an archive of any
> sort and
> > copyright in this fast changing world? Private collections always were
> the route
> > to preservation. There would after all be no British Museum without the
> Cotton
> > Collection and bequest.
> >
> > Peter
> >
> > On 08/07/2015 06:18, Nathan Wajsman wrote:
> >> Exactly!
> >>
> >> Nathan Wajsman
> >>
> >> Alicante, Spain
> >> http://www.frozenlight.eu
> >> http://www.greatpix.eu
> >> PICTURE OF THE WEEK: http://www.fotocycle.dk/paws
> >> Blog: http://nathansmusings.wordpress.com/
> >>
> >> Cycling: http://www.crazyguyonabike.com/belgiangator
> >>
> >> YNWA
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>> On 08 Jul 2015, at 00:07, Bryan Caldwell <bcaldwell51 at earthlink.net>
> wrote:
> >>>
> >>>
> >>> The fact that something is out of print does not mean the copyright
> has lapsed. And, a disclaimer does not establish fair use. If the copyright
> holder chooses to challenge the use, that will be decided in a court of
> law. A disclaimer is no defense. Either it is fair use or it isn't.
> Something reproduced in its entirety tends to argue against fair use. Fair
> use is much more likely to apply to excerpts from protected material.
> >>>
> >>> Bryan Caldwell
> >>>
> >>>
> >>>
> >>>
> >>> -----Original Message-----
> >>>> From: Bill Clough <billclough042541 at gmail.com>
> >>>> Sent: Jul 7, 2015 10:14 AM
> >>>> To: Leica Users Group <lug at leica-users.org>
> >>>> Subject: Re: [Leica] Leica Fotographie Magazine downloads......
> >>>>
> >>>> Went to the download site an d got the 404 message.
> >>>>
> >>>> --Bill
> >>>>
> >>>> On Tue, Jul 7, 2015 at 12:08 PM, Nathan Wajsman <nwajsman at gmail.com>
> wrote:
> >>>>
> >>>>> OK, looking at this “disclaimer”:
> >>>>>
> >>>>> “These long out-of-print reference materials are presented under fair
> >>>>> use—no challenge to any copyright held by Leica Camera is intended.”
> >>>>>
> >>>>> My question is answered.
> >>>>>
> >>>>> Cheers,
> >>>>> Nathan
> >>>>>
> >>>>>
> >>>>> Nathan Wajsman
> >>>>>
> >>>>> Alicante, Spain
> >>>>> http://www.frozenlight.eu
> >>>>> http://www.greatpix.eu
> >>>>> PICTURE OF THE WEEK: http://www.fotocycle.dk/paws
> >>>>> Blog: http://nathansmusings.wordpress.com/
> >>>>>
> >>>>> Cycling: http://www.crazyguyonabike.com/belgiangator
> >>>>>
> >>>>> YNWA
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>> On 07 Jul 2015, at 07:10, Nathan Wajsman <photo at frozenlight.eu>
> wrote:
> >>>>>>
> >>>>>> Is this legal?
> >>>>>>
> >>>>>> Nathan Wajsman
> >>>>>>
> >>>>>> Alicante, Spain
> >>>>>> http://www.frozenlight.eu
> >>>>>> http://www.greatpix.eu
> >>>>>> PICTURE OF THE WEEK: http://www.fotocycle.dk/paws
> >>>>>> Blog: http://nathansmusings.wordpress.com/
> >>>>>>
> >>>>>> Cycling: http://www.crazyguyonabike.com/belgiangator
> >>>>>>
> >>>>>> YNWA
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>> On 07 Jul 2015, at 07:03, Frank Filippone <red735i at verizon.net>
> wrote:
> >>>>>>>
> >>>>>>> Per www.Leicarumors.com
> >>>>>>>
> >>>>>>>
> >>>>>>>
> >>>>>>> The website LeicaPhotographyArchive started uploading online scans
> of
> >>>>> old
> >>>>>>> Leica Photography magazines that can be used as a reference for
> anything
> >>>>>>> related to Leica cameras and Leitz company. All scanned magazines
> can be
> >>>>>>> accessed here. You can add the scans to your Google drive and then
> >>>>> download
> >>>>>>> them (total of 876MB so far). This is an ongoing project, so check
> the
> >>>>>>> website in the future for new additions to the archive. Here is a
> >>>>> screenshot
> >>>>>>> of the currently available issues:
> >>>>>>>
> >>>>>>>
> >>>>>>>
> >>>>>>> Go here..
> >>>>>>>
> >>>>>>>
> >>>>>
> https://drive.google.com/folderview?id=0B8lOGuzhswtkfkpycElRWGdNN0NvbjdJek1Y
> >>>>>>> cHNmVnFyQVJTSUlScURhWTZJdVo1d1JDZGs
> >>>>>>> <
> >>>>>
> https://drive.google.com/folderview?id=0B8lOGuzhswtkfkpycElRWGdNN0NvbjdJek1
> >>>>>>> YcHNmVnFyQVJTSUlScURhWTZJdVo1d1JDZGs&usp=sharing> &usp=sharing
> >>>>>>>
> >>>>>>>
> >>>>>>>
> >>>>>>>
> >>>>>>>
> >>>>>>>
> >>>>>>>
> >>>>>>> Frank Filippone
> >>>>>>>
> >>>>>>> Red735i at verizon.net
> >>>>>>>
> >>>>>>>
> >>>>>>>
> >>>>>>>
> >>>>>>> _______________________________________________
> >>>>>>> Leica Users Group.
> >>>>>>> See http://leica-users.org/mailman/listinfo/lug for more
> information
> >>>>>>>
> >>>>>>
> >>>>>
> >>>>>
> >>>>> _______________________________________________
> >>>>> Leica Users Group.
> >>>>> See http://leica-users.org/mailman/listinfo/lug for more information
> >>>>
> >>>> _______________________________________________
> >>>> Leica Users Group.
> >>>> See http://leica-users.org/mailman/listinfo/lug for more information
> >>>
> >>>
> >>> _______________________________________________
> >>> Leica Users Group.
> >>> See http://leica-users.org/mailman/listinfo/lug for more information
> >>
> >>
> >> _______________________________________________
> >> Leica Users Group.
> >> See http://leica-users.org/mailman/listinfo/lug for more information
> >>
> >
> > --
> >
> > ===========================================================
> > Dr Peter Dzwig
> >
> >
> > _______________________________________________
> > Leica Users Group.
> > See http://leica-users.org/mailman/listinfo/lug for more information
>
>
> _______________________________________________
> Leica Users Group.
> See http://leica-users.org/mailman/listinfo/lug for more information

-- 
Regards,

Sonny
http://sonc.com/look/
Natchitoches, Louisiana
1714
Oldest Permanent Settlement in the Louisiana Purchase

USA