Archived posting to the Leica Users Group, 2001/06/14

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Subject: RE: [Leica] Re: Copyright questions
From: "Rodgers, David" <david.rodgers@xo.com>
Date: Thu, 14 Jun 2001 20:39:06 -0500

Jim (and all who have replied) Thanks very much for your responses to my
query. I appreciate it greatly.

>>I am surprised that, as a previously working commercial photographer, you
don't know more about copyright.) <<

Jim, that was so long time ago I'm ashamed to admit it. Besides, the
agencies I worked for all had legal departments that dealt with such issues.
Wondering if something would make it past legal was a running joke we had.
Moreso on the copy writing end. That's writing of copy, not to be confused
with copyright. 

My first job was as a journalist. What you can do in terms of hard news is
different from what you can do in soft news. Both differ greatly from what
you can do in terms of advertising and promotion. I know less about this
stuff than anyone on the list. And I've had practically no experience in
terms of what's OK in fine art.   

You can be sued for just about anything in the USA. Successfully or not, is
another matter. I was just wondering about risks,  safe harbor, even ethical
considerations. Truth be told, best way not to be a defendent in a lawsuit
is to be broke with no potential for future income.  

My friend already arranged that her print not be displayed. She's working on
being accredited. I'm not sure what credentials she's persuing, but she it
was important that her work be judged, not displayed. I think for her it's
as much an ethical issue. She hopes to contact the sculptor, eventually. 

Hearing the whole situation had me thinking. For one thing, I was surprised
that the gallery owner said that the work was "heavily copywrited". I try
not to assume to much these days. The older I get the more I realize that I
don't know much. I photographed a ballerina in the courtyard next to the
Portland Art Museum several years ago. There were sculptures everywhere in
the shot, one very prominent and key to the image. Copyright didn't even
cross my mind at the time.   

I've already learned much so far. Your stories are great. Real life examples
of what can happen. All the replies were steeped in common sense. I like
that.  

Dave