|Authored by: Wol on Wednesday, June 05 2013 @ 01:35 PM EDT|
|You need to be careful here ...|
One difficulty with a photograph is it is an "all or nothing" thing.
You remember the case where a newspaper printed one page from a book, and tried
to argue de minimis or fair use? And got slaughtered by the Judge because the
one page they printed was the one page most people were going to buy the book
for? Chances are if you only use part of a photograph, you are going to use THAT
Secondly, pretty much any photograph that has any real value will have a lot of
creative input. In the old days, you used to do a lot of dodging, burning in,
and general fancy development. In the digital world it's no different.
And organised wholesale piracy is the norm in photography, just as it is in
music. Most musicians are small-time, same with photographers. Pretty much all
the contact most photographers, like most musicians, will have with copyright
law is when it's their work that's being "stolen". And most of the
time they will have no recourse.
Just look at the new law being proposed or passed in the UK about orphan work.
It pretty much legitimises any big company to trawl flickr, take what they like,
and make profits with no recourse to the photographer. And I'm minded of an
incident a few years back in the UK. A news agency, probably Reuters, published
a picture on the news wire. The photographer complained about them breaching the
licence (effectively CC-BY). And what did they do? They said "any fuss and
we'll destroy your career"! All because they wouldn't honour CC-BY!
So I have a lot of sympathy for them. But what they're doing weighing in on an
issue they have nothing to do with is a bit - odd???
(That's why all my photos on flickr are CC-BY-NC-ND, so casual passers-by are
free to use them for personal use - but even there, that would really screw me
up under our new law - if they forgot where they got them from, it would then be
legal for them to assume they were orphan and ignore my licence!)
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