Copyright complaint from Corbis

email | Feb 3, 2004 | Corbis

[onyx]

BUMP

[FBD]

Title 17 U.S.C. Section 107 (Copyright law) "...the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."

[Your Nightmare]

Free Republic's non-profit status would be debatable. But that doesn't necessarily matter, just because an entity is non-profit does mean they can use all copyrighted material at their whim.

[Your Nightmare]

Was anyone using the original photo for criticism, comment, news reporting, teaching, scholarship, or research?

I would say no.

[MeekOneGOP]

[FBD]

"Was anyone using the original photo for criticism, comment, news reporting, teaching, scholarship, or research?"

1. Criticism... YES
2. Comment..... YES
3. news reporting.....YES

The pictures were posted on Kerry news threads, people were discussing his record of protesting the Vietnam war. It is a documentation of that fact, as it clearly has him aligned with Jane Fonda. The photo is the only real documentation of that fact.

Without that photo, would the public at large really believe (without doubt) that Kerry was at an anti-war rally with Hanoi Jane Fonda???

Kerry would have denied it, much as Billy Boy Clinton denied having sex with "that woman, Miss Lewinski". But no, disemination of that photo educated the otherwise ignorant public. This photo is the blue stained dress of evidence.

If criticism and discussion, on a news forum, of that otherwise unknown event about a Presidential candidate does not fall under the guidelines of *'fair use'*, than I don't know what would.

*'fair use' - US Copyright Law. Title 17 U.S.C. Section 107.*

[Your Nightmare]

You're missing an important point. To have fair use of a copyrighted work, you must be criticizing, commenting, or reporting on the copyrighted work, not some other subject. And even then, the use of that work is limited.

According to your logic, I could be on TV criticizing Kerry and playing Eminem's latest album in the background without any copyright issues. Just because I am criticizing something, does not bring all copyrighted works in the public domain.

[FairOpinion]

Actually the photo they complained about was the fake one, but that is certainly part of the "criticism" and "comment".

There was the REAL photo, which appeared at Newsmax, where Kerry is sitting behind Fonda at an anti-war rally, which is the real one. As far as I know THAT picture is NOT the property of Corbis.

[MeekOneGOP]

Nobody is playing Eminem music on the threads. We're posting KERRY pics on articles about John Frenchie Boy Kerry.

Nobody on FR is posting anything and profiting from it. I post a GREAT DEAL of graphics on FR and haven't made one penny doing so for going on THREE years now.

Corbis is Blowin' in the Wind methinks ...

[Your Nightmare]

Corbis is Blowin' in the Wind methinks ...

You think so. Try posting a Corbis image on this thread and see what happens.

[FBD]

>"According to your logic, I could be on TV criticizing Kerry and playing Eminem's latest album in the background without any copyright issues. Just because I am criticizing something, does not bring all copyrighted works in the public domain."<

Actually, it appears that one could actually critisize Kerry on public access cable, and play Eminem {music?}in the background! (Although I don't know why you would want to listen to Eminem?)

http://www.fwrv.com/articles.htm

[Grampa Dave]

Corbiss one mean SOB of a company to deal with.

We need to back off of this not to harm Jim and Free Republic.

To demostrate the power of copyrights re photos, take a family picture from a professional photog into a Freddie self service photo center. Then ask a clerk to help you make a copy. Inspite you paying for that photo of your family, you can't legally copy it.

Then take that same photo into another professional photo shop and ask them to make you some copies.

We need to back off of this before Jim and Free Republic get caught in an expensive lawsuit.

[Grampa Dave]

Corbiss one mean SOB of a company to deal with.

We need to back off of this not to harm Jim and Free Republic.

To demostrate the power of copyrights re photos, take a family picture from a professional photog into a Freddie self service photo center. Then ask a clerk to help you make a copy. Inspite you paying for that photo of your family, you can't legally copy it.

Then take that same photo into another professional photo shop and ask them to make you some copies.

We need to back off of this before Jim and Free Republic get caught in an expensive lawsuit.

[Old Professer]

I guess this ain't the day to post my opus, is it?

[FBD]

Plenty of articles at this site regarding "fair use"
Below is just one:

"USE OF UNLICENSED CLIP IN COMEDY CENTRAL PROGRAM IS FAIR USE"

http://www.fwrv.com/articles.htm

[Old Professer]

Nothing has done more damage than good done bad.

[MeekOneGOP]

One note that I probably ought to post here just for everybody's info:

Sabertooth warned the day that these Corbis pics came out that they were arse-holes and pursued their copyright rights. He was right.

I can't blame Jim if he doesn't wanna hassle with these jerks all the way to SCOTUS. That may be what it takes to get them off his back too.

Corbis - just G-r-r-r-r !!

I sure don't want to cause Jim Robinson another lawsuit, though ...

[Grampa Dave]

In the meantime we can use this graphic until the Frogs say that we need to pay to show the Woosie Tower.

[onyx]

WHOA! I LOVE THAT!

[MeekOneGOP]

See my #197 ...