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More Photography News

18

Feel the beauty of simple things.

*OccupyedHead:iconOccupyedHead: reports, 5h 17m ago
Beautiful photography.
13 comments   Photography News  Last +fav: ~kristianna11
16

People behind their cameras

~lemon-choo:iconlemon-choo: reports, 2d 53m ago
Photography feature. My first collection=)
14 comments   Photography News  Last +fav: ~liiinux
12

Fav

~Wontherlf:iconWontherlf: reports, 1d 46m ago
My fav pictures. III
13 comments   Photography News  Last +fav: ~liiinux
25

She moves in her own way

=Darksolitude:iconDarksolitude: reports, 11h 50m ago
Expressive portraits:iconeufrosis:
12 comments   Photography News  Last +fav: ~StrawberryCurls
18

Green

*Ariel87:iconAriel87: reports, 1d 31s ago
Close to me, no matter how much time we can spend apart we're still together
like we're one..
8 comments   Photography News  Last +fav: ~floophya
28

Paint !

=assica:iconassica: reports, 23h 40m ago
bright, joyful and colourful.. photo selection.. :)
10 comments   Photography News  Last +fav: ~xbluueberry
16

Sunset Feature

~Drielix:iconDrielix: reports, 1d 3h ago
Pretty news thread featuring sunset theme
13 comments   Photography News  Last +fav: ~mixtapes-of-love
52

{watcher's feature} - part 2

=aimeelikestotakepics:iconaimeelikestotakepics: reports, 1d 1h ago
~75 beautiful photographs from my watch list!
38 comments   Photography News  Last +fav: =TicK46
25

A few words of advice for new models:

=photoswithattitude:iconphotoswithattitude: reports, 1d 8h ago
I get many questions asked by new models what is TFP? Why do I have to sign a release form, or what do you mean by "Implied Nude"?

So I thought the simplest way to explain it all is to write an article....
17 comments   Photography News  Last +fav: *Pilic
17

..{. November-Favourites .}..

~DeathxFairy:iconDeathxFairy: reports, 1d 6h ago
A collection of my favourites of November '09
10 comments   Photography News  Last +fav: ~hibride
Previous Page                                Next Page

Photography News This Week

204

ONE HUNDRED under ONE HUNDRED

*nerdynotdirty:iconnerdynotdirty: reports, December 4
This feature was brought together by my watchers and hours of browsing galleries for inspiring pieces that have gone unnoticed. Here are the results, one hundred beautiful photographs with under one hundred favorites. Let's give these artists the attention they deserve <3
81 comments   Photography News  Last +fav: ~Buschibxo
129

100 pictures!

*leelloor:iconleelloor: reports, December 5
100 selected pieces!
27 comments   Photography News  Last +fav: ~Shtefiii
106

Dreams & Nightmares photography contest

*fhrankee:iconfhrankee: reports, December 6
We have decided to organize this contest to motivate people create more art. We would be happy if you would give it a try. You can think of anything you want, just make sure you still respect the theme. You can choose to illustrate dreams, nightmares or even both of them. Anything you want! Try not to be macabre if you are picturing “nightmares”. Respect the rules, have fun and most important, follow your heart!
44 comments   Photography News  Last +fav: =sweet-reality-xo
82

Art with a message part 6

*xXxLEARNTOFLYxXx:iconxXxLEARNTOFLYxXx: reports, December 4
All these artists deserve some feedback :heart:

“My life is my message.”

- Mahatma Ghandi
37 comments   Photography News  Last +fav: ~GuBCM
76

Close Your Eyes..

~Migrena:iconMigrena: reports, December 3
It's not all pitch-black in the back of your mind,
You might see something beautiful..
52 comments   Photography News  Last +fav: ~AMindlessChrist
65

The BEST of the YARD's Street Photography!-Vol 11

#The-Yard-Collective:iconThe-Yard-Collective: reports, December 6
=The-Yard-Collective Street Photography Club,
presents its members' best submissions,
as they were chosen by members voting!
17 comments   Photography News  Last +fav: =munchinees
63

Monday features

*niwaj:iconniwaj: reports, December 7
Get featured! Just read it and join.
36 comments   Photography News  Last +fav: ~whitepaper87
60

Best Of The Best ;; VERTICAL

~scream-for-silence:iconscream-for-silence: reports, December 5
This is the third part of my "Best Of The Best" features!
These features consist of my absolute favorite photography that i've collected since i've been a member of DeviantArt.

This feature's focus is on VERTICAL photography, give them some love! :+favlove:
49 comments   Photography News  Last +fav: ~liiinux
60

Merry Christmas - Big Feature <3

=Eternal-Love01:iconEternal-Love01: reports, 2d 4h ago
A big Christmas feature with all types of art!
38 comments   Photography News  Last +fav: *meppol
58

Black and white collection - November

~Bouffe:iconBouffe: reports, December 6
Black and white collection from November.
36 comments   Photography News  Last +fav: ~hibride
Previous Page                                Next Page

Photography


65

Jury Finds Unauthorized Use of Photo=Fair Use

`krash:iconkrash: reports, October 6, 2006
This can affect everyone but people like could really be impacted by something like this travisty.

From the PhotoAttorney website - [link]

This all starts back in January of this year....

Editorial Use May Not Always Be Fair Use

Copyright law includes the doctrine of "fair use" that allows unauthorized use of copyrights in certain circumstances. The courts recognize that free expression and avoiding law suits over minor issues are more important than protecting intellectual property rights. The doctrine of fair use means that copying will not infringe a copyright when it is "for purposes such as criticism, comment, news reporting, teaching, scholarship or research."

Newspapers generally use copyrighted materials freely, depending on fair use. But they may have gone too far this time.

Chris Harris is a photographer who has shot for The New York Times and Time and Newsweek magazines. He now teaches mass communications at a university in Tennessee and leases photos from his collection shot over a 25-year career. The San Jose Mercury News took one of Harris's photos, removed the copyright notice from his photo (which may violate Section 1202(b) of the Digital Millennium Copyright Act), and used it with a book review without Harris's permission.

The Mercury News claimed it was a "fair use" and is common practice for metropolitan newspapers to use copyighted photos with book reviews without permission. The newspaper's motion for summary judgment, asking that the case be dismissed, was denied on January 2, 2006. Judge Stephen Breyer of the United States District Court for the Northern District of California held:

Defendant argues that use of the photo was the equivalent of a pictorial quotation from the book and similarly falls under the fair use exception. Yet the photograph was obviously marked as a copyrighted photograph in the book . . . . As a result, the Court cannot say as a matter of law that use of a copyrighted photograph in a book review, in which the book clearly states that the photograph is copyrighted, constitutes fair use. Accordingly, defendant’s motion for summary judgment is denied.


Robert A. Spanner, lead attorney for Harris, explained that,

A photographer's right to limit distribution and reproduction of his or her copyrighted photographs is a fundamental tenet of copyright law, and the notion that a newspaper can override that right and freely reproduce and distribute – without a license and for free – photographs which the photographer had licensed to a book publisher for a fee, would obviously be a matter of grave concern to the photographers’ profession. Mr. Harris stood up for the rights of his fellow photographers because he believed it was the right thing to do, and we are gratified that his efforts have been vindicated.


The trial is scheduled to begin January 20, 2006.

Cheers to Mr. Harris for standing up for his rights and doing what he can to protect his work. We all may benefit from the trail he is blazing.


You can find this on the website on this page [link]


Yesterday they finished the trial....

In a tragic decision for photographers, The San Jose Mercury News defeated Christopher Harris' copyright infringement lawsuit in August. The jury in the federal court in San Francisco took one hour to decide that the newspaper's use of Harris' photograph constituted fair use, despite the newspaper's removal of Harris' copyright notice before publishing the photo with a book review.

Background of the case can be found on my January 10th blog.

After the verdict, The Mercury News' lawyer explained:

This is a classic example of how newspapers use material that is sent to them every day. If a photographer or photo agency had veto over the use of these kinds of images, then newspapers would just stop using them and readers wouldn't get the visual information. . . . This is the kind of information that newspapers are supposed to provide to the public.

This is not the kind of protection that copyright law is supposed to provide to photographers. This is an erosion of rights that photographers should be afraid of . . . very afraid.



Now how is that for SCREWED UP!

I can only hope this will be overturned by a higher court, this is just fucking outrageous. Keep in mind this can end up hurting all artists, not just photographers, your work could be distributed in magazines, newspapers and so on with no credit to you at all.
95 comments   Photography News

Devious Comments

love 0 0 joy 0 0 wow 0 0 mad 7 7 sad 3 3 fear 0 0 neutral 0 0
:iconmikkelt:
~MikkelT Oct 6, 2006, 5:10:43 PM
Fair use.. Right.. I certainly agree with you, let's hope this gets turned down, damn.

--
Hi, I'm Mikkel!
:iconvermin1000:
~vermin1000 Oct 6, 2006, 6:20:54 PM
That is really disapointing to hear...

--
I "HEART!" =Captain-Planet

"Oh Timface the brownie bleeder, I miss you like a fat kid misses cake."-Kali
:iconmollygrue:
~mollygrue Oct 6, 2006, 6:53:00 PM
This is a classic example of how newspapers use material that is sent to them every day. If a photographer or photo agency had veto over the use of these kinds of images, then newspapers would just stop using them and readers wouldn't get the visual information. . . . This is the kind of information that newspapers are supposed to provide to the public.

I think the obvious difference here is that this photograph was not simply distributed to this newspaper. They had to seek it and then remove a legal notice before reprinting it. I don't understand how this could possibly be justified...

If it's that important that your audience receive pertinent visual information, then you sure as hell better have some dialogue with the person who shot the damn picture. At the very least!

This is just sleezy.
:iconlinepau1:
=linepau1 Oct 6, 2006, 10:24:11 PM
The fact that they removed his copy right info from the actual photograph should get him SOMETHING. Honestly. What respect these people have for a former employee.:sarcasm: They should be ashamed, and so should whoever decided Chris should lose that battle.

Why can't they even just say you have to notify the artist before use of the image? Such a simple act.

--
Pauline French
:iconbewarecalamity:
~bewarecalamity Oct 6, 2006, 10:59:01 PM
This is completely ridiculous?! So an artist doesn't have copyright on his own WORK! Proposterious!!!

--
QUEEN OF SPANK-TORIA. :spank:
If you'd like, I'll get you a green card.

FAQ #565: You prohibit the submission of 'pornographic imagery'; what do you consider this to be?
:iconhomebass:
=HomeBass Oct 6, 2006, 11:07:06 PM
no justice served :/
:iconmikhailxyohman:
~mikhailxyohman Oct 6, 2006, 11:32:46 PM
That is rediculous. They[San Jose Mercury News] make money for the work they put out which means they're making profit off another person's work. They also went out of their way to remove his copyright; Ugh, This better get appealed to high courts.
:iconrossyboy8:
Mood: Disgust ~rossyboy8 Oct 6, 2006, 11:41:55 PM
This is certainly a blow to all artists. I'm sure now that the trial is over, more and more newspapers will start taking other peoples works and removing copywrites, saying it is fair use.

--
*rossyboy8

#Sharegallery - Come join!! and socialise with rgbot!

Visit my page and comment my art! Comments and improvements always welcome!

"Ars
:iconspoolaroo:
`Spoolaroo Oct 6, 2006, 11:46:52 PM
So does this mean that they can put any photograph of anything in the news?

For example, can a newspaper search dA for pictures of old people, and print them alongside a story about alzheimers?

--
Flagging Threads for Forum Mods

Spread the holiday cheer, dammit. [link] :santajark::horns:
:iconthequantumwarrior:
Mood: Repulsed ~thequantumwarrior Oct 6, 2006, 11:51:08 PM
I live near San Jose in California and subscribe to this very news paper and have for around 10 years now. I my self am a photographer as well, I am deep disturbed by this, both as a matter of law and ethics. This puts me in a hard spot the other newspapers in the area really pale intercomparison. I truly hope this will over turns because the implication's are profound as will be the repercussion's of this deplorable ruling.
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