[Leica] Legal Question - copyright

[mark at rabinergroup.com (Mark Rabiner)]

Maybe its just me but I think if a fiber pattern is copywrite it means you
can't come out with a fiber pattern of the same pattern. And you are not in
the weaving biz you are clicking pix.
It doesn't mean it can't appear in a picture.
Unless the print is printed on fabric not paper.
And sewn onto a chair.
And sat on.

The days of a photographer on their hands and knees checking under furniture
for copywrite symbols after shooting in a room has not yet come.
People can copywrite whatever they want and we can photograph whatever we
want as long as we are not on a military base... Or the furniture happens to
be a casket with a flag on it.

That said what's legal and what's perceived as FAIR and moral by friends are
two different things.
Even if our finds might think that what they find fair must in turn also be
legal.

The perception is in our time all of a sudden the doing of photography is by
its very nature immoral and we photographers should be always walking on
eggshells and apologize for breathing.
Its baloney.
As part of the free speech thing and the first amendment of the constitution
we have the constitutional right behind us when we click our little cameras.
And in some cases the freedom of the press thing comes into play. World law
often is not far off from this as when you Wiki "freedom of speech" the US
is not even mentioned. Its a world thing.

The people who want to put us photographers into the "badguy" category at
every turn lets let them worry about us and lets do less worrying about
them. Just who is the victim and who is the predator?

On the other hand loosing friends is no fun.


Mark William Rabiner



> From: Mike Stoesz <mstoesz at wyoming.com>
> Reply-To: Leica Users Group <lug at leica-users.org>
> Date: Sun, 1 Mar 2009 06:27:43 -0800
> To: <lug at leica-users.org>
> Subject: [Leica] Legal Question - copyright
> 
> Howdy from Wyoming;
> 
> I recently did a photo session photographing some fiber art weavings in a
> private residence with the owners permission and assistance.  The project 
> was
> to photograph a number of weavings as illustrations for a sale brochure for
> the weaver.  The weavings were draped on various pieces of furniture, much 
> of
> it custom made with copyrighted upholstery fabric.
> 
> The question is.  Do we (I) need permission or copyright release for 
> showing
> portions of this copyrighted fabric on the furniture as used as background
> material associated with the sale brochure of the weavings?  Some views are
> close-up or limited area mostly of the weavings and others are a broader 
> view
> showing the weavings in use or draped over various chairs.
> 
> We hope this is not a problem but the thought about the legality has been
> raised by the owner of the home because she was concerned for us. She is a
> great friend and much of this photo session was her idea.
> 
> Thanks, Mike
> 
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