RE: portraits and permissions

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At 8:51 AM +0100 12/9/04, Qkano wrote:
Chances are the target of the lawsuit will back down for fear ...

The target of the suit was nearly as rich as Streisand and did not back down, nor did he take the pic down during the suit.


And he won.

the legal costs are up front with no guarantee of eventually being awarded damages.

All the pix were registered copyright in the US. Registering unpublished creative output with the US Copyright office permits one to be awarded legal fees as well as lost income from an infringer. Streisand was not infringing, but she did lose and did have to pay his legal fees.


I often wish that in such cases damages should be percent-per-percent: EG if Gates nbrings an an unrosenable case against a competitor (for 50% of thier stock value) and fails damages should be based on 50% of HIS stock value.

If the images are registered, the assigned value has a top limit of $150,000 according to the law. However, one may not receive that if one cannot show that one regularly receives that sort of amount for stock usages, or if one cannot show that usages similar to the infringement usually garner that amount.


Anyway:
1) does this mean the pictures of the coastline are back on line

They never were taken down. I believe he never even took the specific pic of her compound down, although I've fogotten now.


2) are there any military bases under the flightpath ?

Unfortunately one of our most environmentally embarassing ones is - Camp Pendleton, north of LA. Adelman has not yet received permission to include it in the project.


At this point, however, he has also been able to put up complete surveys by government departments from 5 previous years going back to the '60s.

The original purpose of the project was to assemble and make accessible a complete baseline photographic record of the state of construction on the coast of California, so that infringers of the environmental laws could be located without hiring a plane and doing an aerial survey. Mr. Adelman cashed out of his internet startup just before the bust and decided to use his money to do this survey and put it online. Streisand was not concerned about her privacy, she was concerned about her infractions of the environmental laws.

The site is very beautiful, as well as a stunning time sink. You should go check it out.

htto://www.californiacoastline.org


--
Emily L. Ferguson
mailto:elf@xxxxxxxx 508-563-6822
New England landscapes, wooden boats and races, press photography http://www.vsu.cape.com/~elf/



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