Copy Write issues regarding photos published on the internet

[Walter Sobchak]

This is a continuation from the Eagle photos posted a week ago.

It is my stance the the use of photo's in this case falls under the "Fair Use" (Fair dealing in Canada) section of the copyright act.

For example from a government website:

http://strategis.ic.gc.ca/sc_mrksv/cipo ... t-e.html#6

The Copyright Act provides that any "fair dealing" with a work for purposes of private study or research, or for criticism, review or news reporting is not infringement. However, in the case of criticism, review, or news reporting, the user is required to give the source and the author's, performer's, sound recording maker's or broadcaster's name, if known.

My points for:

- The post was educational in nature
- The post could be news worthy and the board a medium for news events, including those depicted in the photos
- The post was not damaging to any earning the owner may have recieved
- Credit could not be given as the source was not known untill pointed out by another forumer, and then...
- Permision had been requested from the owner, who has been unresponsive ( although the Original Poster may have gotten the photos from somebody who had gotten premission)

Points against:

-The owner did request at permission was obtained on the website
- Copyright laws protect photos specifically from public republishing until 50 years past the owners death.

I can see the other point of view, as the post was only the photos, but had there been a comentary and they presented as news then this would be an easy case.

[Kin Lau]

Excellent analysis Walter and a good write up.

One item that I noted from that page was

Examples of infringement
Infringement:

    * reprinting an article without the copyright owner's[ permission;
...snip...
    * photocopying articles for a class of students without permission;

Not infringement:

    * quoting a few lines of the article in a research paper (fair dealing);

We can see that Fair Use or Fair Dealing precludes copying an entire article or redistribution the whole work. Given the nature of a photograph, it's pretty hard to quote part of a photograph.