Archived posting to the Leica Users Group, 2015/07/10
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]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