At 6:32 AM +0700 2/27/09, Trevor Cunningham wrote:
Not that I don't understand, I just find it interesting: distributing mp3 files of a music album, or .avi files of a season of a particular television series, reflects a loss of sales of a particular product that does have measurable demand (though the demand is significantly exaggerated because of the peer-to-peer means of exchange). Granted, this was an AP image for which they hold copyright, and their case is strong. However, I hardly see how this reflects a loss of revenue considering people are not buying the original image (even though they are, legally). The only money "lost" is that the artist did not pay for rights to use the image. Wouldn't the AP's suit be reduced to what their usage fee would be? Or would they usually have points on profits as well?
Depends on when and whether they registered the image with the US copyright office.
Being the AP I would assume they do that hourly, electronically, by ftp. And they will go for the maximum award plus lawyers fees. So it comes down to fair use. -- Emily L. Ferguson mailto:elf@xxxxxxxxxxxxxxxxxx 508-563-6822 New England landscapes, wooden boats and races http://www.landsedgephoto.com http://e-and-s.instaproofs.com/
