[Leica] Leica Fotographie Magazine downloads......
Bryan Caldwell
bcaldwell51 at earthlink.net
Fri Jul 10 17:00:59 PDT 2015
Just remember that no matter how much information you gather, “fair use” is a legal term of art. The only person who can say for certain that a particular use is fair use is, in the U.S., a federal judge and/or jury. And even then, a federal appellate court might take a different view.
Bryan Caldwell
> On Jul 8, 2015, at 8:17 AM, Sonny Carter <sonc.hegr at gmail.com> wrote:
>
> 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
>
> _______________________________________________
> Leica Users Group.
> See http://leica-users.org/mailman/listinfo/lug for more information
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