Re: Copyright, an answer to revenge porn

[James Schenken <jds@xxxxxxxxxxxxxxx>]

Randy,

Check out:

The Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. § 106A, is a United States law protecting artist rights.

James

CPAP Therapy is a way to live.

On Nov 15, 2013, at 10:18 PM, Randy Little <randyslittle@xxxxxxxxx> wrote:

James it depends on how the image was acquired as to how the courts will deal with it.   The courts tend to deal wit copyright different all the time.  There are many case where an image is on the owners computer and hot linked thus its not a copy but viewing the original from its source server.   And you can obsoletely do whatever you like to a painting you own.   What you can't do is make copies or derivative works.    If I have a painting I can light it on fire and hang from a flag pole while it burns and there is nothing  copyright laws would have to say about it.   If you sell me a print I can do what ever I like to the print and if its me parading your work I can even then display it in public forum.   

http://www.copyright.gov/title17/

Randy S. Little
http://www.rslittle.com/

http://www.imdb.com/name/nm2325729/

On Fri, Nov 15, 2013 at 9:39 PM, James Schenken <jds@xxxxxxxxxxxxxxx> wrote:

Actually, sending an image to a web site is making a copy.  You can't make copies of and distribute copyrighted material even if there is no financial gain.

In the case in point, the image(s) were copyrighted but not registered so the lady wold have to prove actual damages caused by the distribution.  The emotional distress of the publication has no bearing in the calculation of damages.

In the case of the painting, if it is an original, you, the recipient, are not allowed to change it in any way even though you are the owner of the original.  Just one of the vagaries of the law.

On Nov 15, 2013, at 9:12 PM, visfxsup <visfxsup@xxxxxxxxx> wrote:

Huge grey area.   Your are talking about 3rd party display and in many cases it is not infrigment. Its nor the case here though where the photogrphes are the photogrpahers or gifts of the artist.    What if I took the pictures that she posed for and I then post them for diplay?  Moral? No.  Legal yes.    If you give me a painting you created I can diplay that gift how ever I like see in non profit manner as well.  In fact I can probably display it how ever I like as long as I dont make copies.  

Sent from my T-Mobile 4G LTE Device

-------- Original message --------
From: James Schenken <jds@xxxxxxxxxxxxxxx>
Date: 11/15/2013 8:47 PM (GMT-05:00)
To: List for Photo/Imaging Educators - Professionals - Students <photoforum@xxxxxxxxxxxxxxxxxx>
Subject: Re: Copyright, an answer to revenge porn

Randy,

That doesn't make sense.  If I give you a book or video, for example, and you put a copy up on the internet not for financial gain, are you claiming no infringement has taken place?