|
|
|---|
|
PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for January Week Three # 448C |
KEY WORDS: | Copyright Act | Judgment | Default | Infringement | Statutory Damages | Real Estate | Back Up | Murphy's Laws | DVD Burner | Backup Hard Drive | Consumer Reports | NEWSWORDS: | The Straight Scoop | Hey Wait! | Can’t Decide | A New Algorihm | Where Do They Come From? | The Frog Wins | The World's First | Sex Photos Man In UK Schools Ban | Will Grandma Go To Jail? |
Welcome to PhotoRESEARCHER Newsletter, a weekly newsletter from PhotoDaily, PhotoSource International. Want to read back issues of PhotoResearcher Newsletter? http://www.photoresearchn
To sign up for our photoRESEARCHER Newsletter, visit us online at: (If you do not wish to receive the PhotoRESEARCHER Newsletter, please
see the instructions at the end of this newsletter.)
|
What is Basis for Statutory Copyright Infringement Damages?
Advance Notes : The 1976 Copyright Act authorizes the Court, in its discretion, to award statutory damages of up to $30,000, which may be increased up to $150,000 per infringement, if the infringement is willful. To be eligible for statutory damages, a plaintiff must, of course, have registered the underlying image prior to the infringement or within three months of first publication.
The U.S. Court of Appeals for the First Circuit (comprising Maine, Massachusetts, Rhode Island and New Hampshire), in reversing the District Court, has changed the prevailing interpretation of measuring statutory damages under the Copyright Act for at least those states comprising the First Circuit.
The case, Hernandez, et al v. Sonolux Records, involved the production of 186 recordings of two copyrighted songs by Guillermo Venegas-Lloveras, a noted composer, on sixteen different albums. After the defendant defaulted, a judgment was entered for statutory damages of $1.6 million. This was calculated at $100,000 for each of the sixteen albums.
The defendant moved to set aside the default and the damage award on the grounds that the Court erred in its calculation. A second judge denied the motion to set aside the default, but reduced the award to $200,000, using the defendant's theory of calculation. Both sides appealed.
The issue on appeal involved the Copyright Act provision for recovery of statutory damages, when the party is eligible, which states that a plaintiff may recover such damages "for all infringements involved in the action with respect to any one work, for which any one infringer is liable personally."
Want to read more of this article? Go To http://www.photosource.com/researcher/jan005a.html
Dennis Cox |
|
ON-LINE How Are Computers Like Real Estate ?
Tell Us Something We Don't Know Consumer Reports October 2007 issue used readers' survey responses to rate several service industries. At the bottom? Computer tech support. Very near to Internet Service Providers. Get an overview at http://www.consumerreports.org/cro/money/shopping/ *Display 6 of your own images for photobuyers to view, on your page on the PhotoSource website.
######################
Robert Cranston
Watch
for developments in the field of stock photography in
PhotoResearcher's Newsletter Note: If the URL is long, it may extend to two lines. In that case - clicking on it won't work. Instead, "copy and paste" the URL. THE STRAIGHT SCOOP. Do you carry lithium batteries on the plane? There’s been some confusion in the photographic community about what impact the lithium battery rules governing the quantity and strength of lithium batteries might have on traveling with photography equipment. New rules from the Department of Transportation that can be carried on or checked on U.S. registered airliners took effect at the beginning of the New Year, http://www.nppa.org/news_and_events HEY WAIT! Have you used CC in your research? Creative Commons provides a license(s) that enables copyright holders to grant some or all of their rights to the public while retaining others through a variety of licensing and contract schemes. The intention is to avoid the problems current copyright laws create for the sharing of information . For photographers, there are two sides to this coin. Here’s another side. http://danheller.blogspot.com/2008_01_06_archive.html CAN’T DECIDE. Best of 2007: A Look Back at the Year in Stock Photography. When Stock Asylum looked back at the highlights of 2007, we found a couple surprises. We were not able to award the honor of "best image collection" to a single distributor. We had to split the category between Getty and Corbis. http://rising.blackstar.com/best-of-2007- A NEW ALGORIHM. Corbis Tries To Patent A New Stock Pricing Model - The new method of pricing royalty-free images would adjust the price of an image license based on factors like how popular the image is, how much the image cost to produce and the significance of the subject of the photo. http://www.pdnonline.com/pdn WHERE DO THEY COME FROM? Those new images at FOTALIA. http://www.pdnonline.com/pdn/newswire/ THE FROG WINS. Geographical Photographer of Year Awards - A photo of a frog with eyes bigger than its stomach was chosen from more than 1,000 entries as a finalist in the Geographical Photographer of the Year 2007 award. http://www.telegraph.co.uk/earth/ THE WORLD'S FIRST. ``Office Photography Machine'' at CES 2008 Launched by Ortery Technologies Imagine walking up to a new office device, placing an object inside, and seconds later walking away with a professional photo for immediate use in all print, web and email communications. http://biz.yahoo.com/bw/080107/ SEX PHOTOS MAN IN UK SCHOOLS BAN. A man who took indecent photographs of two girls has been banned from going within 100m of any school in Britain. The judge said that throughout the trial Fox maintained that, because he had the consent of the mothers to take photographs, he had not committed an offence and had done nothing wrong at all. http://news.bbc.co.uk/2/hi/uk_news/ WILL GRANDMA GO TO JAIL? Britain's high-security Fareham Shopping Centre, a high-value target where photography has been banned for "security reasons" this is the site where a pair of middle aged grandparents were banned for life as "terrorists" for taking a picture of their grandchildren. http://www.addict3d.org/news/273521/High-security%20UK%20mall%20breached,
TRAVELERS ABROAD Photobuyers: Watch this column. For the e-mail address, phone or fax number of the traveling photographer, call the PhotoSource International office and ask for Rohn Engh (1 800 624-0266). For an expansion of this list: www.photosource.com and press the Travelers Abroad button, to learn of past international destinations of our photographers. D. Holden Bailey David Smith Mark A. Madsen #########################################
Now
you can search back issues of PhotoRESEARCHER Newsletter.
On your Web browser go to: http://www.photosource.com/researcher/list.html
then type in your keyword. Reproducing
or copying photoRESEARCHER Newsletter for non-private purposes
is not permitted without written consent of the publisher,
except for review purposes where source credit is given. ##
PhotoRESEARCHER Newsletter monthly newsletter is produced
by PhotoDaily, PhotoSource International, Rohn Engh, Director,
who is solely responsible for its contents. To
make a photo listing:
##
PhotoRESEARCHER Newsletter monthly newsletter is produced
by PhotoDaily, PhotoSource International, Rohn Engh, Director,
who is solely responsible for its contents. PhotoSource International
|
DO YOU HAVE A COMMERCIAL WEBSITE? In addition to your photo research web site, – do you also own a website that offers information, or a product or service? It doesn’t have to do with picture research. How would you like to earn money on every visitor to your site? You do nothing, your visitor does nothing (they don’t have to buy or click on something) – but you get paid, just by their showing up. This is a new Internet program that lets you earn money on 100% of your website traffic. I’ve signed on to use this revenue program. There’s no risk. You can stop the program at any time. Deadline for sign-up is January 31 st – the program starts Feb. 1 st 2008. You’ll get in on the ground floor of a lucrative Internet revenue program. Sound interesting? Click here for a full report that gives you all the details and how to sign up –- or go to. . . http://www.sellingppp.com/ After you read the above report, I can coach you through the process or answer questions. 1 800 624 0266. x26 PS: Or maybe you have friends or colleagues who are into Internet Marketing. Please pass this news on to them. – Rohn Engh http://www.sellingppp.com/ Additional information is at 1 800 429 0677.
#################### HOAXES AND VIRUSES. Computer viruses are like colds. You usually don't know where they come from and you don't know (usually) if you're passing one on to others. Most computer viruses arrive in attachments. If you receive an email with an attached file from an unknown source, it's simply best to delete it. As for hoaxes, they're scare messages that are sent out by mini-hackers to get their jollies. For a list of now familiar hoaxes, go to: http://www.antivirus.com/
#################### Subject: NOT NEEDED: RETYPING When you send in photo-listings, now you can be free of repeatedly having to enter your address each time. How? Register just once at https://www.photo Another way to find this page: go to our Home Page: www.photosource.com and on the upper right (blue) click on ‘search.’ The registration page will come up. Fill out the form. It will remain there next time you call up the page. You can change any of the info anytime you wish. –RE Copyright UPDATE That “c” with a circle around it, ©, is the familiar copyright notice. On a photo, it alerts readers, and would-be infringers, that the photo is under U.S. Copyright Law protection. Does this symbol need to be displayed on all your photos for you to be protected? In other words, if someone uses a photo without the permission of the photographer, but the photo does not contain a copyright notice, is that person still guilty of infringing? The answer is yes. Someone who uses a photo they see in a publication, without getting the photographer’s permission (let alone paying him or her), is violating copyright, whether or not there’s a copyright notice on the photo. Under current law, photos are protected by copyright whether or not the photographer puts a copyright notice on them. However, the fact that a photo does not have a copyright notice on it may result in a lower damages award, under copyright law’s "innocent infringer" defense.
#################### FAST FIND… Looking for a specific flower, town, rock group? Type the search word or phrase into your search engine’s search bar (Google, Yahoo, MSN, etc.) and then the word photosource. Presto! You’ll find which photographer has that picture in his/her database. *** A free service from PhotoSource International ***
Galen Rowell
What’s a long tail search? Here’s an example of a long tail search for a specialized photo: Problem: You need this particular picture: Old City Jerusalem laundry in snow Solution: Go to Google, or another popular search engine. Type in: Old City Jerusalem laundry in snow photosource Notice the difference? Try it! You’ll discover the source of hard-to-find photos this way. Contact the photographer and you’ll find he/she usually has a deep selection on the subject you are researching. For more information: 800 223-3860. Or fax: 800 PHOTOFAX
#################### 448C |
 Duece Rogney |
 Brian Bartley |
 Steve Raska |
 Cory Western |