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Re: photo source

To: Steve Laifman <Laifman@flash.net>
Subject: Re: photo source
From: Chris Williams <info@bcmustang.com>
Date: Tue, 28 Nov 2000 14:43:56 -0500
PEACE ON EARTH GOODWILL TOWARD  PEOPLE ON THE LIST.

chris m williams



Steve Laifman wrote:

> Sorry, to carry this on, but I really think we must behave in a
> reasonable manner towards each other, and try to be constructive.  So,
> I'll try to had some light, instead of heat.
>
> First, let me state that I am not the attorney in the family.  That's my
> son (who has had some copywrite and patent experience as an intern, my
> daughter-in-law, who has not, and my brother-in-law who is the managing
> director of a very prestigious DC Patent and Trademark law firm.
>
> Having established that I am NOT the authority, I have had some advice.
> There is a difference between "plagiarism", which could involve passing
> someone else's non protected work off as your own (like in term papers)
> and violation of a copywrite.  To successfully enforce a copywrite, you
> must first have one.  There are laws in place regarding how a work can
> be "copywrited", which is not quite the same thing as "registered trade
> mark".  In fact, older works copywrite can expire fairly rapidly.  I
> believe it was twenty years back in the '60's, when a new law was passed
> extending it substantially.  However, prior works had to be
> re-registered, or they didn't get the extension.  Many did not.  You
> really don't think that the subsequent owners of Rootes, in France,
> cared to re-register out-of-date shop manuals for products they do not
> manufacture, or paper they do not publish, do you.
>
> Another issue is "Fair Use", in which a person may liberally quote from
> another's work for purpose of commentary.  "Liberally" is loosely
> defined, as is "commentary".
>
> Another criteria is causing the copywrite holder to suffer a financial
> loss.  If a violation had indeed occurred, the remedy may not be more
> than "cease and desist", unless financial harm had been done.  If the
> use was not sold, or otherwise used to sell something else, the cost of
> litigation would not bear any financial gain.  Usually "cease and
> desist" will occur with a personal demand by the holder of the rights.
>
> Each case has it's own circumstances, and applications of the law are
> made by previous case law, as well.  So it is hard to give generalized
> guidance.
>
> OK,
>
> That's my two cents, and this isn't Rocket Science, so I don't hold any
> credentials here, even by family relationship. Just my layman's
> understanding.  So, constructive criticism only, please.  Enlightenment
> is the goal, not heat.  Anybody out there actually practicing copyright
> law willing to comment?
>
> Steve
>
> --
> Steve Laifman         < Find out what is most    >
> B9472289              < important in your life     >
>                          < and don't let it get away!>
>
> http://www.TigersUnited.com/gallery/SteveLaifman.asp
>
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