NAPSTER INJUNCTION - DOES IT AFFECT PHOTOGRAPHERS?

            As you undoubtedly know by now, a United States District Court in California issued a preliminary injunction against Napster, Inc.'s online music service to stop the unauthorized exchange of copyrighted music owned by the plaintiffs, who are major music labels.

            The injunction was, as you also probably know, stayed, by two circuit court of appeals judges, pending a full trial on the injunction issue, which should shortly occur.

            The thrust of the decision is that Napster's use of software, which permits computer users to download free software which, in turn, permits the users to listen to or download copyrighted music from files posted on various service lists, without any payment being made to the owners of the copyrights to any of the music rights, allegedly infringes such copyrights.

            The issue is one of paramount importance to the Internet of tomorrow. Whether the court will eventually enjoin the free movement of content (and this can also be applied to photography) is yet to be decided. However, as to photography, we have already seen rampant unauthorized use of photography on the web in many forms.

            Although some people view this free exchange as positive, others believe it will destroy the incentive to create. The truth, as usual, probably lies somewhere between these extreme positions.

            Most photographers, as content providers, are cheering on the album label companies, hoping that a well-reasoned legal opinion favoring these companies will enable the photographers to better protect their photography, and thus to control the manner and means of distribution of their copyrighted work.

            We can be sure of one thing - that this case is only the beginning!