[Leica] Copyright Alert

[bdcolen at earthlink.net (B. D. Colen)]

This may be true, Jim, but I think Neil raises a very interesting,
important point. Remember who we 'little guys' would be coming up
against if anyone wants to read the law as he is reading it - Corbis or
Getty have platoons on lawyers on retainer and salary, who eat folks
such as us for breakfast. And those lawyers will undoubtedly attempt to
use the law as Neil is interpreting it.

-----Original Message-----
From: lug-bounces+bdcolen=earthlink.net@leica-users.org
[mailto:lug-bounces+bdcolen=earthlink.net@leica-users.org] On Behalf Of
Jim Hemenway
Sent: Tuesday, November 09, 2004 9:03 AM
To: Leica Users Group
Subject: Re: [Leica] Copyright Alert


Neil:

 > -Infringers will no longer be able to use innocent errors in a  >
copyright registration to have a case dismissed.

I don't think that the above refers to the use of an "innocent error" 
defense in terms of similar looking photographs.

Instead it refers to "innocent errors" made by someone when filling out 
form(s) used to register photographs for copyright... which are then 
used by infringers to have a case against them dismissed.

Jim



Beddoe, Neil wrote:
> Are you all completely mad?  If you want to be sued by Corbis or Getty

> images for taking a picture which looks similar to one they have 
> rights for without the defence of "innocent error" then by all means 
> support this.  I have never seen a clearer cut case of Turkeys voting 
> for Christmas (or Thanksgiving if you are from over there) in my life.
> 
> Neil
> 
> -----Original Message-----
> From: lug-bounces+nbeddoe=lehman.com@leica-users.org
> [mailto:lug-bounces+nbeddoe=lehman.com@leica-users.org] On Behalf Of 
> Tina Manley
> Sent: Tuesday, November 09, 2004 1:11 AM
> To: lug@leica-users.org
> Subject: [Leica] Copyright Alert
> 
> 
> To the professionals on the list, this might help the beleaguered 
> photo
> profession a little, from Jack Reznicki and the Professional
Photographers 
> of America:
> 
> "Contact your Senators immediately
> and urge them to pass H.R. 2391, The Intellectual Property Protection 
> Act of 2004.  Congress reconvenes on November 16 for a "lame duck" 
> session-giving photographers one last chance at improving copyright 
> law in 2004. You can contact your Senators (and get a sample e-mail) 
> at http://capwiz.com/ppaworld/issues/alert/?alertid=6599801&type=CO
> 
> The Intellectual Property Protection Act combines provisions from 
> several bills that PPA has fought for during this Congress. Here are 
> the provisions most applicable to the rights of professional
> photographers:
> 
> -Infringers will no longer be able to use innocent errors in a 
> copyright registration to have a case dismissed. -Department of 
> Justice may elect to bring civil copyright suits against infringers - 
> with damage awards going to the copyright owner as restitution.
> -Eliminates registration requirement for infringement actions by the
> U.S. Government
> -Allows courts to treat parts of a collective work as individual
> works for statutory damages purposes.
> -Creates a program to educate the public regarding the importance of
> intellectual property and the harms associated with infringement.
> -Authorizes at least $15 million for criminal copyright investigations
in
> 2005.
> -Makes it easier to prove damages in criminal prosecutions against
> online infringers
> -Allocates $2 million for better training of U.S. Attorney's Office
> personnel on intellectual property issues.
> 
> Acting now is significant. When the new Congress begins in January, 
> all unpassed legislation from 2003 and 2004 will be wiped out - 
> leaving us to start the lobbying process all over again.
> 
> Again, we urge you to your Senators in support of this legislation by 
> going
> to:
> http://capwiz.com/ppaworld/issues/alert/?alertid=6599801&type=CO
> 
> As always, there is no guarantee that all - or any - of the bill 
> provisions will be enacted into law. PPA will provide updates as this 
> legislation progresses."
> 
> 
> Tina Manley, ASMP
> 
> www.tinamanley.com
> 
> 
> http://www.pdiphotos.com
> http://www.workbookstock.com
> http://www.newscom.com
> http://www.americanphotojournalist.com
> 
> 


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