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Common Poster Subjects => Research & Collecting Tools => Topic started by: Dread_Pirate_Mel on February 19, 2012, 03:18:15 PM

Title: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on February 19, 2012, 03:18:15 PM
This came up in another topic but it would be useful to post it as a separate thread so it won't get lost.

Photolaw.net (http://www.photolaw.net), written by two US copyright lawyers, has excellent articles about copyright, fair use, etc., which should clear up any confusion on this subject:

- Copyright Law and Online Use (http://www.photolaw.net/copyright-law-and-online-use.html)

- Did Someone Remove the Copyright Notice from your Photograph? (http://www.photolaw.net/did-someone-remove-the-copyright-notice-from-your-photograph.html)

- Common Questions & Answers About Copyrights: A Simple Guide for Photographers, Artists, Illustrators, Writers, Musicians and Other Creative Individuals  (http://www.photolaw.net/common-questions-and-answers-about-copyright.html)

This section explains that physical ownership of a copyrighted poster provides no additional rights beyond the right to physically display it:

(http://i691.photobucket.com/albums/vv275/Forty_Candles/2012/Copyright.jpg)

Other portions explain fair use:

(http://i691.photobucket.com/albums/vv275/Forty_Candles/2012/fair.png)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on February 20, 2012, 12:36:01 AM
Isn't "posting a poster" what a poster was originally intended for?

I am also curious how long (i.e. years) the actual copyrights are on movie posters?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on February 20, 2012, 05:56:57 AM
Isn't "posting a poster" what a poster was originally intended for?

Yep.

I am also curious how long (i.e. years) the actual copyrights are on movie posters?

It varies from country to country and when it was created, so it's rather complicated. US law is explained here: (http://en.wikipedia.org/wiki/Copyright_law_of_the_United_States#Duration_of_copyright)

(http://upload.wikimedia.org/wikipedia/commons/thumb/2/2f/Copyright_term.svg/500px-Copyright_term.svg.png)

Essentially all studio-issued movie posters created after 1978 are works for hire that are copyrighted for at least 95 years.  Posters created before 1978 may or may not be in the public domain.  

I don't worry about it because "fair use (http://en.wikipedia.org/wiki/Fair_use)" generally allows posting of images of copyrighted posters on non-commercial hobby websites and forums.

Unfortunately, fair use may not apply in countries other than the US.  UK, Canada, and Australia have a much more limited "fair dealing (http://en.wikipedia.org/wiki/Fair_dealing)" exception to copyright.  So if you're creating a website hosted outside the US you better understand your country's particular copyright laws.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on April 26, 2012, 07:30:31 AM
Long article in the NYTimes yesterday after artists' estates suing filmmakers who use copyrighted works in their films without permission.  Picasso's estate is particularly litigious.

Art Is Long; Copyrights Can Even Be Longer (http://www.nytimes.com/2012/04/25/arts/design/artists-rights-society-vaga-and-intellectual-property.html)
NY Times, April 26, 2012

It is there in the new 3-D version of “Titanic,” as it was in James Cameron’s original film: a modified version of Picasso’s painting “Les Demoiselles d’Avignon” aboard the ship as it sinks.

Of course that 1907 masterpiece was never lost to the North Atlantic. It has been at the Museum of Modern Art for decades — which is precisely the reason the Picasso estate, which owns the copyright to the image, refused Mr. Cameron’s original request to include it in his 1997 movie.

But Mr. Cameron used it anyway.

After Artists Rights Society, a company that guards intellectual property rights for more than 50,000 visual artists or their estates, including Picasso’s, complained, however, Mr. Cameron agreed to pay a fee for the right to use the image.

With the rerelease of “Titanic,” the society wants Mr. Cameron to pay again, asserting that the 3-D version is a new work, not covered under the previous agreement.

*****

Artists’ copyright is frequently misunderstood. Even if a painting (or drawing or photograph) has been sold to a collector or a museum, in general, the artist or his heirs retain control of the original image for 70 years after the artist’s death.

Think of a novel. You may own a book, but you don’t own the writer’s words; they remain the intellectual property of the author for a time.

So while MoMA owns the actual canvas of “Les Demoiselles,” the family of Picasso, who died in 1973, still owns the image. And under existing law, the estate will continue to own the copyright until 2043.

*****

It looks the NY Times is afraid of being sued too.  Look at the picture they chose to use in the article - a picture of a TV set, playing the movie Titanic, showing the Picasso work “Les Demoiselles d’Avignon.”

(http://i691.photobucket.com/albums/vv275/Forty_Candles/2012/Titanic.jpg)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on April 26, 2012, 10:31:05 AM
It looks the NY Times is afraid of being sued too.  Look at the picture they chose to use in the article - a picture of a TV set, playing the movie Titanic, showing the Picasso work “Les Demoiselles d’Avignon.”

That is rich.
The old Gray Lady's afraid to kick the hornet's nest. 
That paper lost it's nerve long ago...
Great article, Mel.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: archie leach on April 26, 2012, 06:01:04 PM
It's called 'illustrating the point'...   eyeroll
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on June 09, 2012, 10:11:34 AM
As mentioned in an earlier post, I became a "member" of LAMP, which offers the very detailed "Legality of Movie Posters" (http://www.learnaboutmovieposters.com/newsite/LAGNIAPPE/bookstore/LegalityofMoviePosters.asp) book for reading online.

It is copyrighted original research, so I won't go into too much detail or copy any of it here.  In summary, it lays out very clearly how the studios almost always used publicity stills that were NOT part of the movie as the basis for movie posters.  As such, they had to be SEPARATELY copyrighted  from the film but almost never were properly copyrighted, so under the old 1909 copyright law the posters IMMEDIATELY fell into the public domain when they were published.  

The full site also includes the recent case of Warner Bros. Entertainment, et al. v. X One X Productions, et al., App. No. 10-1743, (http://docs.justia.com/cases/federal/appellate-courts/ca8/10-1743/101743p-2011-07-05.pdf?1309910997) in which Warner Brothers explicitly conceded that the original Gone With The Wind posters had immediately fallen into the public domain when published in 1939:

Warner Bros. asserts ownership of registered copyrights to the 1939 MetroGoldwyn-Mayer (“MGM”) films The Wizard of Oz and Gone with the Wind.  Before the films were completed and copyrighted, publicity materials featuring images of the actors in costume posed on the film sets were distributed to theaters and published in newspapers and magazines.  The images in these publicity materials were not drawn from the film footage that was used in the films; rather, they were created independently by still photographers and artists before or during production of the films.  The publicity materials, such as movie posters, lobby cards, still photographs, and press books, were distributed by the  original rights-holder, MGM’s parent company Loew’s, Inc.,  and did not comply with the copyright notice requirements of the 1909 Copyright Act, 17 U.S.C. §§ 1 et seq. (1976) (superseded effective 1978).  Warner Bros. also asserts ownership of registered  copyrights to various animated Tom & Jerry short films that debuted between 1940 and 1957.  Movie posters and lobby cards for these short films also were distributed without the requisite copyright notice. As a result, Warner Bros. concedes that it has no registered federal copyrights in the publicity materials themselves.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest4208 on December 07, 2012, 03:13:37 PM
It would seem that ebay has a different view about this. Here is their policy ....

You're not allowed to use the following if you're not authorized to do so by the owner, its agent, or the law:

Photos and text from other eBay users

Photos and text copied from websites

Scans from catalogs or advertisements
 
Members can't copy pictures or text from another member's listing unless they're authorized to do so by the owner, its agent, or the law. 

If you believe another member is using your photos or text in violation of these guidelines (for example, the pictures are not included in the eBay product catalog and the member is not otherwise authorized by you, your agent, or the law to use them), please follow these standards when contacting us:

Make sure you are the original owner and creator of the picture or text.

If reporting text, the copied text needs to be in the description. Because of the limited space in which to describe items, some similarity will occur between titles and subtitles for the same merchandise, so we won't typically remove a listing for similar text in these areas.

Provide an item number from your account that clearly shows you were the first to list an item with the photos or text you created. If you reuse your photos and text in many of your listings, please give us the item number of the earliest possible instance of using the photos or text.

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on December 07, 2012, 03:27:36 PM
That's a very general policy and Ebay's legal and business concerns are not those of a typical collector. Furthermore EBay can set restrictions for its site beyond what is legally required. Certainly under US law it is frivolous to claim an ownership interest in a digital image of a movie poster.



Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: ddilts399 on December 07, 2012, 03:31:24 PM
Basically ebay whats no stock photo's unless their, "use the barcode to build the listing" logic is used. As they go further and further towards a giant B-stock/overrun website, it is not really enforced real strictly.

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest4208 on December 07, 2012, 04:25:28 PM
I think it is worthwhile being aware of their policy. They do act on reports and complaints. Also, the laws about image use can vary from country to country so if you simply copy an image and load it to the "internet" it might be OK under US law but not under the laws of other countries.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: AdamCarterJones on December 09, 2012, 10:36:38 AM
Laws vary around the world, of course, but I am a firm believer in crediting the images used on a website to the source (if not your own) no matter what the law states. This gets by a lot of copyright issues.

There are people (including one or two members of this forum) who believe it is perfectly fine to use images as their own and to even photoshop out watermarks, so I think it is worthwhile to note one of the main reasons behind watermarks as is it relates to this thread:

One of the main reasons images are watermarked in the first place is because it prevents others from simply using them as their own. If people stopped stealing images and correctly attributed where they came from then watermarks would be obsolete, but until then watermarks are one of the few ways (in the most part) to stop the theft of images.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Louie D. on December 09, 2012, 12:45:34 PM
I recently had an altercation with a local entertainment magazine which stole an image right off my website and ran it without contacting me or crediting me.  Needless to say, when I found out a letter went right to the magazine owner with a bill, which he balked at, and proceeded to berate me over the phone.  Pissed, I made a few inquiries to friends and one suggested I contact a copyright attorney who does a lot of free consulting for artists and musicians.  After a 15 minute conversation with the guy, I had all the tools I needed to go back and confront the paper owner and we settled on a price and they ran a correction.

Two of the things I came out of my convo with the lawyer, 1., no matter how trivial, it pays to get your images registered with the US Copyright office, it's easy, cheap, and you can do it on-line and 2., you don't ever want to go to copyright court with a person or corporation who has more money than god, they will destroy you with lawyer fees, delays, and basically ruin you financially and even if you win, they may appeal til the end of time.  Better to try and settle the case.

I don't know if this has anything to do with the discussion above, but yes, the studios own copyright on all the poster images, they probably just don't have enough time to go after such small potatoes such as people using the images on websites.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: erik1925 on December 09, 2012, 01:42:33 PM
This copyright information is fascinating.

Does anyone know how this would pertain to someone who owns an original release poster, but then goes out and makes prints of this poster and offers them for sale? Do the same or similar laws apply here? We all know that businesses like Moviegoods sell 27x40 (and smaller sized) reproduction prints, and individual sellers on sites like ebay often offer 11x17 reproductions, as well.

 cheers

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Louie D. on December 09, 2012, 05:44:56 PM
This copyright information is fascinating.

Does anyone know how this would pertain to someone who owns an original release poster, but then goes out and makes prints of this poster and offers them for sale? Do the same or similar laws apply here? We all know that businesses like Moviegoods sell 27x40 (and smaller sized) reproduction prints, and individual sellers on sites like ebay often offer 11x17 reproductions, as well.

 cheers

It's probably not the artists who were either on payroll or contracted to do a job which at the time they sign over all rights.  Like I said, the amounts Moviegoods is making on the reprints is not worth to have people look into it or pay lawyers to go after them.  Now, if one of those entities started pulling in a million or 3 a year on the business, then we may have another story but I doubt it's even close to that.  Plus Moviegoods probably does a print-on-demand thing, I'm sure that catalog is not sitting on the shelf.

Making exact posters of a poster that already exists is a pirate, no doubt about it.  But seeing how the poster is just used for promotion and not many, if any, studios sell them direct, then to make a reproduction of a promotional item is more than likely something they aren't going after.

Whenever I do a photo job, I have retained all copyrights to images and the client contracts for a certain time, either an issue or a campaign, they can use them in advertsing but must always credit me.  I have it written in the contract it's only available for use for a specific time and after that time I must be contacted and the price negotiated, depending on use, or just give them written permission.  I shoot a lot for bands and they can never pay, so my payment is always a credit and link to my site.  Not saying photography is the same as poster art, just relaying my experience.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on December 09, 2012, 06:29:48 PM
For you UK/commonwealth people, read this article:

http://www.jiscdigitalmedia.ac.uk/stillimages/advice/copyright-and-digital-images/

Here's the critical portion of the article:

If the original item was in copyright at the time the photograph was taken, then the photograph is an infringement of copyright if permission was not granted. This may mean that you can own the copyright in the photograph but you can't do anything with the photograph because you are infringing the copyright of the original object. If you want to take a photograph of an object in copyright, then you should apply for permission, stating with absolute clarity what you want to do with the photograph. This means that if the copyright owner grants permission they will be giving 'informed consent'. If you leave the details ambiguous and you exploit the photograph, then the copyright owner can sue you. Thus it is in your interests to fully inform the copyright owner of all details.

So the law in the US and UK is the same for poster collectors:

(1) You have zero copyright protection in your images of your copyrighted posters;
(2) You violate copyright law by even taking a picture of a copyrighted poster; and,
(3) You violate copyright law by "watermarking" or otherwise claiming ownership interest in them.  

Fortunately, in the US, "fair use" gives broad protection to use of images on copyrighted posters, so it's nothing to worry about if you're using the image on a non-profit hobby website, although it's still a good idea to credit the copyright owners. Crediting the "contributors" of such images is utterly pointless and, indeed, identifies them as potential copyright violators.

"Fair use" does not apply in UK and the much more limited defense of "fair dealing" probably does not apply to this hobby, so it's a good idea to host your site from US servers, so US law would apply.

*****

As far as MovieGoods, that's been covered extensively in another thread:

http://www.allposterforum.com/index.php/topic,4205.0.html

In short, the studios successfully sued MovieGoods.  MovieGoods settled and in the settlement agreement agreed not to sell illegal reproductions.  They can only sell posters if (1) they have a license from the studio or (2) the poster is a "first sale" original poster.

On another forum MovieGoods claimed that it does license its reproduction and the entire Fox lawsuit was an "honest mistake" but who knows if that's true:

http://www.movieposterdb.com/forum/topic/313

As the Imaging Director of MovieGoods, I would like to just state that we are sincerely apologetic to Disney and Fox for unknowingly reselling copyrighted images, as that was never and will never be our intention. In a business that rotates through as many posters in a year as we do, some posters got through that were mis-marked and ended up being printed, when in fact they were a Disney or Fox copyrighted image. We immediately paid the royalties that were due to these companies for these images. We have an agreement and license with Disney, Fox and several others to sell original posters that are provided by them and we are in great standing with all of these companies to date. All of our reproduced posters that we sale, we make sure we have the license to print and sale these items. The printing of the posters for Disney and Fox was a very unfortunate over-sight that has been corrected and will not happen again. In every business if the workflow is not being carefully monitored mistakes can happen, and this was a very unfortunate and embarrassing mistake to have to learn from.

We thank all of our customers for their business and we look forward to many more years of poster distribution.

Sincerely,
MovieGoods
Imaging Director
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Louie D. on December 09, 2012, 11:47:16 PM
For you UK/commonwealth people, read this article:

http://www.jiscdigitalmedia.ac.uk/stillimages/advice/copyright-and-digital-images/

Here's the critical portion of the article:

If the original item was in copyright at the time the photograph was taken, then the photograph is an infringement of copyright if permission was not granted. This may mean that you can own the copyright in the photograph but you can't do anything with the photograph because you are infringing the copyright of the original object. If you want to take a photograph of an object in copyright, then you should apply for permission, stating with absolute clarity what you want to do with the photograph. This means that if the copyright owner grants permission they will be giving 'informed consent'. If you leave the details ambiguous and you exploit the photograph, then the copyright owner can sue you. Thus it is in your interests to fully inform the copyright owner of all details.

So the law in the US and UK is the same for poster collectors:

(1) You have zero copyright protection in your images of your copyrighted posters;
(2) You violate copyright law by even taking a picture of a copyrighted poster; and,
(3) You violate copyright law by "watermarking" or otherwise claiming ownership interest in them.  

Fortunately, in the US, "fair use" gives broad protection to use of images on copyrighted posters, so it's nothing to worry about if you're using the image on a non-profit hobby website, although it's still a good idea to credit the copyright owners. Crediting the "contributors" of such images is utterly pointless and, indeed, identifies them as potential copyright violators.

"Fair use" does not apply in UK and the much more limited defense of "fair dealing" probably does not apply to this hobby, so it's a good idea to host your site from US servers, so US law would apply.

*****

As far as MovieGoods, that's been covered extensively in another thread:

http://www.allposterforum.com/index.php/topic,4205.0.html

In short, the studios successfully sued MovieGoods.  MovieGoods settled and in the settlement agreement agreed not to sell illegal reproductions.  They can only sell posters if (1) they have a license from the studio or (2) the poster is a "first sale" original poster.

On another forum MovieGoods claimed that it does license its reproduction and the entire Fox lawsuit was an "honest mistake" but who knows if that's true:

http://www.movieposterdb.com/forum/topic/313

As the Imaging Director of MovieGoods, I would like to just state that we are sincerely apologetic to Disney and Fox for unknowingly reselling copyrighted images, as that was never and will never be our intention. In a business that rotates through as many posters in a year as we do, some posters got through that were mis-marked and ended up being printed, when in fact they were a Disney or Fox copyrighted image. We immediately paid the royalties that were due to these companies for these images. We have an agreement and license with Disney, Fox and several others to sell original posters that are provided by them and we are in great standing with all of these companies to date. All of our reproduced posters that we sale, we make sure we have the license to print and sale these items. The printing of the posters for Disney and Fox was a very unfortunate over-sight that has been corrected and will not happen again. In every business if the workflow is not being carefully monitored mistakes can happen, and this was a very unfortunate and embarrassing mistake to have to learn from.

We thank all of our customers for their business and we look forward to many more years of poster distribution.

Sincerely,
MovieGoods
Imaging Director


Didn't I say the same thing in my last reply?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: erik1925 on December 10, 2012, 12:34:45 AM
Didn't I say the same thing in my last reply?


 happy1
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Ari on December 10, 2012, 12:39:52 AM
Your honor, I object!
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on January 20, 2013, 07:12:55 PM
NYTimes: At Sundance, Film Tests Disney and Fair Use (http://www.nytimes.com/2013/01/21/movies/escape-from-tomorrow-at-sundance-scrutinizes-disney.html)

By BROOKS BARNES 2:31 PM ET

Randy Moore’s new film at Sundance, “Escape From Tomorrow,” filmed without permission inside Disney’s theme parks, would seem to test the limits of fair use.

PARK CITY, Utah — Is Randy Moore’s new movie about a father going insane at Walt Disney World simply cinematic art? Or is Mickey Mouse about to get very, very mad at Mr. Moore?

A betting person would put some chips on anger after his movie’s premiere at the Sundance Film Festival here over the weekend.

Mr. Moore, without permission from Disney, filmed “Escape From Tomorrow” inside its theme parks and hotels in Florida and California. If that wasn’t gutsy enough, his film is a horror fantasy that harshly critiques Disney’s style of mass entertainment. It’s not the Happiest Place on Earth in his movie. Not by a long shot.

The movie, while careful to leave out certain copyrighted material (like the “It’s a Small World” song), would seem to test the limits of fair use in copyright law. It has a lot of Disney iconography: Mr. Moore, a first-time director and the movie’s screenwriter, filmed inside at least eight rides, and a lengthy sequence involves the line for a Buzz Lightyear attraction.

How did Mr. Moore get away with it? After all, his cast and crew went on the It’s a Small World ride at least 12 times, filming all the way with high-tech (albeit small) video recorders. “I was surprised the ride operators weren’t a little more savvy,” he said.

“Escape From Tomorrow” underscores the difficulties confronting Disney, intensely vigilant about its intellectual property, as it tries to control the imagery flowing from its parks as people are shooting increasing amounts of video with their smartphones. Disney has followed an increasingly patient approach, allowing video taken inside its rides, for instance, to be uploaded to YouTube. But that video is usually extremely positive.

A spokeswoman for Walt Disney Parks and Resorts had no comment....
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: MoviePosterBid.com on February 24, 2013, 03:54:54 AM
I don't think there's really a question as to whether he did or did not go over some civilly liable line Mel.

He was filiming in a public area, but on private property. Disney owning the property would supercede and public area claims  I would have to think. Furthermore, the film maker is almost certianly liable for unpaid taxes and permits along with any subsequent fines should the state decide to go after him.

Concerning Disney or any other land owner, they have the right to refuse to allow such behavior on the property they own and the fact that the film maker himself alludes to almost being "busted" a few times is representative of the fact that he was aware that he may have been doing something wrong, which wouldn't work in his favor if Disney were to sue him.

Certainly, Disney has since re-trained security to more reliably recognize such episodes in teh future.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Louie D. on February 24, 2013, 10:52:05 AM
I hope this goes to trial as I would love to the see outcome. Yes, Disney is a public place on private property, but millions of people photograph and shoot "film" there all the time.

As for the unpaid taxes and permits, I don't buy that argument. Tons of guerrilla film makers out there now doing the same thing and not paying taxes, permits, or having to deal with any union which would certainly rear their head if they smelled the green.
 
I find it fascinating that Disney hasn't squashed it already. The certainly have the economic power to crush this guy so why not do it?

Too bad any lawsuit will take place in Florida, because the mouse will certainly win.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on February 28, 2013, 06:06:17 AM
Furthermore, the film maker is almost certianly liable for unpaid taxes and permits along with any subsequent fines should the state decide to go after him.

His 'unpaid taxes' are a mere drop in the bucket compared to Disney.
They have enough loopholes to hang the entire Chinese army.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Bruce on February 28, 2013, 07:07:36 AM
Only the little people pay taxes, Ted!

http://www.youtube.com/v/hvZs8VaQIiw
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on February 28, 2013, 07:13:50 AM
If bums like Disney, facebook, General Electric, Springsteen and ALL of Hollywood started paying their 'fair share,' this country could avert a catastrophe.
It's not who you know, it's who you blow.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Bruce on February 28, 2013, 07:17:18 AM
No Ted. It is only OUR money they love to give away. Of course, they are all planning to give away half of what they have after they die, but nothing much until then.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: erik1925 on February 28, 2013, 01:31:23 PM
Suzanne Pleshette was AMAZING in that role as Leona Helmsley. I remember seeing those ads in the airline mags when flying, with Leona garbed like some queen. Who knew that she was that kind of cheating tyrant. At the time this TV movie was made in 1990, this is what the "queen of mean" was found guilty of:

(http://i1355.photobucket.com/albums/q719/spitfire3992/LH1_zpscdbb3136.jpg)

(http://i1355.photobucket.com/albums/q719/spitfire3992/LH2_zpsfb8eec17.jpg)

(http://i1355.photobucket.com/albums/q719/spitfire3992/LH3_zps0fafe590.jpg)

She only served 18 months out of her 48 month sentence.

Figures.  eyeroll




Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 08, 2013, 07:06:22 AM
I'm reposting Mike's posts and my responses in this thread:

Another nice image lifted from Poster Mountain. How do you have access to their login only portion of their database for so many posters Mel or have you had that many restored over the years and they are yours? Just curious as I would love to see a lot of their larger sized images as well but also know that you have owned a small mountain of them over the years as well.

Well, Mike, the word "lifted" is legally inappropriate since this "graphic work" was created in the 1950s and fell into the public domain several decades ago.  The artist (or artists) probably shuffled off this mortal coil long ago.  We can reproduce this artwork, sell it on t-shirts, tattoo it on our chests, etc. As for how I obtained this particular digital reproduction, that's for me to know. Had you asked privately, I might have told you.

Mel that is one thing I love about you, you are a lawyer to the end.

Some of us mind, some don't, most do not have any need to use the law to excuse what we are showing or how they do it. By definition the artwork itself may very well be in the public domain but the usage of the photograph of said artwork is more recent and I believe protected under current copyright laws. Now you return with fare use, etc., etc., et al and the argument never ends. This I will not argue any more.

The point is just make mention of where you get these things. We all love to have knowledgeable people on the site to lend their expertise in whatever area it may be and wherever the source may be from. Don't be a lawyer and be human being, when you post photos from someone else especially those from professional businesses who do not take them for fun but take them as a part of their livelihood and pay for that time/labor to do so and hide that photo behind a password protected portion of their company owned website which makes that photo not public domain give due credit for the fact of where you got it from because if that is the case then it has indeed been lifted. If they gave you permission prior to your posting the photo and sent or gave direct access to you then I heartily apologize for the lifted comment. Same as research. I have no problem with you using any information that you may want from me here or on your own site but once in a while it would be nice to have the person passing it along give that person the credit they deserve as they spent the time and effort to research their facts rather than make it appear as though it is yours or just magically appeared out of thin air. When you know whom the source is show them the respect for their hard work. For images many people here make posts with images from HA all the time, others with images from PM, EMP and others. More often than not they give credit to the owner of the pic or information.

As to how you got your PM images, I more than likely know how. I also more than likely know how you got the large non watermarked images from HA. The fact that you can do it does not make it right. So again stop being a lawyer and be a human being and respect peoples hard work and effort by getting their permission first or at least acknowledging the source. I feel the same about others that do the same. That is my point here and the last thing I will say about this.

That would be "fair use" Mike not "fare use." Not only have you misspelled it, you have no clue what it means. "Fair use" allows anyone to post an image of a copyrighted image for limited non-profit purposes. It does not apply to public domain works, which can be used by anyone for any purpose, including selling such works for profit, for example selling reprints.

Aside from legalities, you're focusing on "protecting" those who deserve no protection. Think about it. The studio (the copyright owner) spends hundreds of thousands of dollars developing an advertising campaign, including movie posters. The artist and/or advertising agency spends hundreds or perhaps thousands of hours actually creating the poster. The studio appropriately deserves copyright protection for a period of time for those posters. The artists/creative agency deserve artistic credit.  Nevertheless, at a certain point those artistic works appropriately fall into the public domain and can be used by anyone for any purpose.

By contrast it takes two minutes to take a picture of a movie poster and post it on the Internet. That is not "hard work" by any stretch of the imagination. Furthermore, the photographer is doing NOTHING original, creative, or noteworthy by taking a picture of SOMEONE ELSE'S CREATIVE WORK. To suggest that the photographer has any legal or protected right in such a picture is absurd.  The US and UK courts have rejected such a frivolous argument. See Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999). (http://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel_Corp.)

Notwithstanding that legal principle, you can still heavily watermark an image if you are determined to "protect" your picture (i.e. digital reproduction) of someone else's creative work, as Poster Mountain used to do:

(http://www.posternirvana.com/0DNE2/2013-11/PM.jpg)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Charlie on November 08, 2013, 09:26:11 AM
By contrast it takes two minutes to take a picture of a movie poster and post it on the Internet. That is not "hard work" by any stretch of the imagination. Furthermore, the photographer is doing NOTHING original, creative, or noteworthy...

I disagree here, it takes quite a bit of effort to take a picture that is accurate.  That being said, I agree with you otherwise.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: AdamCarterJones on November 08, 2013, 10:07:31 AM
Think Mike needs a little backup about this.  sm1

Mel that is one thing I love about you, you are a lawyer to the end.

Some of us mind, some don't, most do not have any need to use the law to excuse what we are showing or how they do it. By definition the artwork itself may very well be in the public domain but the usage of the photograph of said artwork is more recent and I believe protected under current copyright laws. Now you return with fare use, etc., etc., et al and the argument never ends. This I will not argue any more.

The point is just make mention of where you get these things. We all love to have knowledgeable people on the site to lend their expertise in whatever area it may be and wherever the source may be from. Don't be a lawyer and be human being, when you post photos from someone else especially those from professional businesses who do not take them for fun but take them as a part of their livelihood and pay for that time/labor to do so and hide that photo behind a password protected portion of their company owned website which makes that photo not public domain give due credit for the fact of where you got it from because if that is the case then it has indeed been lifted. If they gave you permission prior to your posting the photo and sent or gave direct access to you then I heartily apologize for the lifted comment. Same as research. I have no problem with you using any information that you may want from me here or on your own site but once in a while it would be nice to have the person passing it along give that person the credit they deserve as they spent the time and effort to research their facts rather than make it appear as though it is yours or just magically appeared out of thin air. When you know whom the source is show them the respect for their hard work. For images many people here make posts with images from HA all the time, others with images from PM, EMP and others. More often than not they give credit to the owner of the pic or information.

As to how you got your PM images, I more than likely know how. I also more than likely know how you got the large non watermarked images from HA. The fact that you can do it does not make it right. So again stop being a lawyer and be a human being and respect peoples hard work and effort by getting their permission first or at least acknowledging the source. I feel the same about others that do the same. That is my point here and the last thing I will say about this.

Mike, many of us have tried to help him but unfortunately to no avail.

On the Clint Eastwood forum(on which I don't post anymore). Any photo taken from any source(apart from your own) must have a link to the source or if you can't post a link, acknowledgement of the source must be given.

That's the way it should be in my opinion, but you don't necessarily have to type the source etc if the image you have linked to actually links to the source's website.
What gets up a lot of people's noses is when someone simply adds the image to their own website or online image folder, making it look like their own poster or image, and not crediting the source and even photoshopping out watermarks for their own benefit.

That would be "fair use" Mike not "fare use." Not only have you misspelled it, you have no clue what it means. "Fair use" allows anyone to post an image of a copyrighted image for limited non-profit purposes. It does not apply to public domain works, which can be used by anyone for any purpose, including selling such works for profit, for example selling reprints.

Typical; Mike made a spelling mistake which he is attacked for and then told he doesn't understand the term "fair use".
I can't speak for Mike, but I am pretty sure he understands what it means.

The point Mike makes is that this guy implies the images he posts actually belong to him, when almost all of them do not.
Did he take the time to photograph all those posters? Of course not, because if he did he would understand what goes into preparing photographs for show.
Mike also states that this guy should credit the sources of his images - many of us have told him this would be of benefit, but again it unfortunately falls on deaf ears.

Aside from legalities, you're focusing on "protecting" those who deserve no protection. Think about it. The studio (the copyright owner) spends hundreds of thousands of dollars developing an advertising campaign, including movie posters. The artist and/or advertising agency spends hundreds or perhaps thousands of hours actually creating the poster. The studio appropriately deserves copyright protection for a period of time for those posters. The artists/creative agency deserve artistic credit.  Nevertheless, at a certain point those artistic works appropriately fall into the public domain and can be used by anyone for any purpose.

By contrast it takes two minutes to take a picture of a movie poster and post it on the Internet. That is not "hard work" by any stretch of the imagination. Furthermore, the photographer is doing NOTHING original, creative, or noteworthy by taking a picture of SOMEONE ELSE'S CREATIVE WORK. To suggest that the photographer has any legal or protected right in such a picture is absurd.  The US and UK courts have rejected such a frivolous argument. See Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999). (http://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel_Corp.)

A few of my friends are professional photographers, so for him to say a photographer is doing nothing original, creative or noteworthy and that they deserve no protection IS absurd.

So is he trying to tell all the major auction houses and businesses that their photography is not copyrighted? Please.
What he doesn't understand is that when a photographer takes an image of a poster, piece of artwork or a sculpture etc, the actual artwork remains the copyright of its owner (the artist, designer or studio etc) whilst the image remains the copyright of the photographer unless the copyright is passed onto someone else. It's the same when a photographer snaps a model. They don't own the model, but they own the image.

Public domain work can be used by anyone for any reason. That's a given, which is why we have royalty free images and the like.
But if any work (in this case images) has been altered in anyway at all, then it constitutes creative work so whatever it is... it is copyrighted.

Anyone who knows a little about photography and copyright should know that amongst other things any photograph taken, any doodle on paper, anything created by a person (apart from an idea for instance) is immediately protected under copyright law.

This guy claims it takes two minutes to take a picture of a movie poster and post it on the internet.
OK, if you already have the poster on the wall like he does or it just happens to be lying around and you already have your camera in your hand, ready to take the photo with all the settings correct (including a camera phone), and the camera linked to the computer (or to the internet on your phone) and you do no work to the image after taking the photo and upload it direct to the website or online database as is... then possibly, yeah, it would take about 2 minutes or even less if you were quick. Heck, I could pick up my phone right now and take a picture and upload it to Facebook without doing anything to the image in less than 30 seconds.

He just doesn't understand what goes into photography at all otherwise he wouldn't have made that comment.

The link this guy provided RE the court case was a US case, not a UK case, and what he states about it is funny as he has missed out a very important part in regards to UK law (shooting himself in the foot and bearing in mind he has no experience in the copyright field whereas the person in the article does).

See the below quote from the article:

The significance of the case and the doubts that it raised prompted the private Museums Copyright Group in the U.K. to commission an in-depth report on the case and to seek the opinion of Jonathan Rayner James, Q.C., a barrister who specialized in U.K. copyright law and a co-author of Copinger and Skone James on copyright.

Rayner James' opinion, as reported by the group in a press release, was:
[A]s a matter of principle, a photograph of an artistic work can qualify for copyright protection in English law, and that is irrespective of whether [...] the subject of the photographs is more obviously a three dimensional work, such as a sculpture, or is perceived as a two dimensional artistic work, such as a drawing or painting [...]

—Jonathan Rayner James, Press release by Museums Copyright Group (elisions as made by the Museums Copyright Group)

It is, similarly, arguable under U.K. law that the photography of such works, by dint of the lighting and other techniques involved in producing a photograph that renders the work to best photographic effect (possibly better than what would be visible to a person viewing the original painting on display in the relevant museum), would constitute originality, per Liddie, and not merely a "slavish copy".


So there it is in black and white, or blue and white lol, from a QC with vast experience and knowledge in copyright law.

Now I must state for the record, I have not attacked anyone in this post.
I have merely answered some remarks and replied to some inaccurate comments.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 08, 2013, 11:13:04 AM
Bond posters, I am posting this prior to reading your comment but thank you for your backup on this.

I admit I said I was done commenting on this but I feel the urge.

First of all, MY GOD, I HAD AN AUTO CORRECT TYPO!!!!!!!! THE HORROR!!!!!! I MUST BE AN IDIOT!!!!!! I MUST NOT KNOW OR UNDERSTAND THE ENGLISH LANGUAGE!!!! For those of you who are horribly offended or injured by my typo or completely lost all idea of what was being stated or commented on due to said typo and could not draw your own conclusion that said typo was indeed a typo I extend my most heartfelt apology. Even if it wasn't a typo I don't remember ever claiming I was an English professor. Mel do you actually need to be that kind of an: insert your favorite expletive here? You truly are a prime example of why lawyers have the reputation they do here in the US. You actually I think have a real future not just as a lawyer but a politician too!

First, those images do take time to layout and take as Charlie mentioned. Expense is also spent to create the areas to take said pictures, labor is spent to pay the employees to layout and take said pictures, edit them for web use and post to their sites just for starters. More importantly though you seem to have missed the point and APPARENTLY DO NOT UNDERSTAND the real and point of this so here are two questions. First start with simple YES or NO answers please before you try and justify yourself if you don’t mind.

1. Did you or did you not access through means other than those intended by the website owners and or developers copy an image and or images from a password protected portion of a legal business or corporations website(s) without prior permission and re-post said images claiming FAIR use and or circumnavigate a websites efforts to display images with a watermark prominently displayed and added during the proper server call made at said site(s) through a URL exploit allowing the same said image(s) to be displayed in full without said intended watermark for the purpose of downloading and or redisplaying same said image(s)?

This actually is a crime and there is case law to back it up. Am I going to go nuts searching for it to quote it to you and try to make it sound even more important? No, don't have the time and apparently since you can't just stop being a lawyer and again be a human being you are not worth it.  I make my living building websites, not half assed little baby sites but large corporate and business sites where these little security issues which is how I know where and how to get these images you use come from and how you circumnavigated security to get those images came from. Sorry, is that legal to do to under fare use? See how it is spelled again? Just for fun this time, sorry to those offended or mentally damaged by this intentional spelling error. It is also how I know that the business owners of these sites do have a case if they so chose to make it and a reasonable expectation of privacy because I have been through it with the copyright lawyers before to help make sure my clients are protected. They do not need to watermark an image that is held behind protected areas of their sites because of an implied and or apparent expectation of security and privacy in these cases. They also have a claim when said images are displayed through proper means with said watermark that the image will not be copied or redisplayed without said watermark even if an exploit known or unknown publicly allows the opportunity to download the image without the intended watermark. Yes there is room to play with culpability here depending on if the owners know about the exploit, length of time known, etc. But really? Is that needed? Because these exploits in the websites in question exists does not give you free range because you know a simple old school hack to get around code that was poorly written by their developer to get at those images? Would it be legal for me to use an exploit to hack into the obamacare website and just copy everyone’s personal information and use it at will? I do not expect that they, the image owners in these cases, will file suit and do not even know if they care or not though in some cases I think they just might.

2. Have you or have you not on this site and others including your own used the published research and information of others without crediting said sources?

Where do I even begin. First SCREW THE LAW, if you did the research especially if it is published in a book, magazine or website credit should be given out of simple human decency and respect for the time and effort made to do that research. Heck didn’t they teach you when doing research papers in school to quote your sources or did they leave that part out? If I were to directly quote information from your site and or use an image from your site and it was actually yours and you did the research then I feel 100% that I should as a human being acknowledge your time and effort to better this hobby with at least a simple comment “Hey guys I got this from ….. If I do not know the original source of the information that does make it difficult at times but at least I can say it came from this site especially when quoting it for education to allow the users to continue and or do their own research and form their own conclusions based on those sources. Do I care if once in a while it was forgotten to add the credit? Heck no, we are all human write. <--- see another misuse of similar words here but I bet those that have read this far got the meaning anyway. I know I have done it form time to time, I am again human, but I do try to do so at all times. But then again that is taking an image or research that is not hidden in a protected area of someone’s website. If it were in a protected area with these weird login things required to reach it through the intended paths then NO it should not be copied and reposted AT ALL without permission.

Does this all of this make you a criminal? I am not a lawyer or law enforcement representative to make that judgement and frankly do not really care. Does it make you just a little less of a person especially that you are fighting so hard to not give people credit for their efforts using the law in this manner to justify it? In my eyes Yes.

And that is my last comment on it. You have fun quoting case law now.


Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Bruce on November 08, 2013, 11:38:07 AM
"You truly are a prime example of why Layers have the reputation they do here in the US"

I believe Mel is a "lawyer". I suppose he may also be a "layer", but he likely doesn't want to go into that here!
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 08, 2013, 11:45:15 AM
Oops, thanks for pointing that one out Bruce, another typo (corrected) which means I must not understand what a lawyer is either.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: eatbrie on November 08, 2013, 11:49:02 AM
Should I remind you guys that this forum is ran by a frog?  So really, typos?

Aside from that and the name calling, very informative discussion.  Carry on.

T
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 08, 2013, 12:00:51 PM
Should I remind you guys that this forum is ran by a frog?  So really, typos?

Aside from that and the name calling, very informative discussion.  Carry on.

T

I don;t care what anyone says, now that's funny!  ;D
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Neo on November 08, 2013, 12:12:11 PM
If you're not a lawyer, then trying to not defend your case against one is probably not the wisest  move.  I'm sure that Mel has his reasons for not posting the information of the image locations, and it sounds like he knows what he's talking about regarding why he doesn't have to post that info.  What about the artists, the campaign employees, etc.?  It's a slippery slope if you really want to give credit to every person who was responsible for this stuff.  Anyway, this art was meant to be shared with the public.

Bond posters, I am posting this prior to reading your comment but thank you for your backup on this.

I admit I said I was done commenting on this but I feel the urge.

First of all, MY GOD, I HAD AN AUTO CORRECT TYPO!!!!!!!! THE HORROR!!!!!! I MUST BE AN IDIOT!!!!!! I MUST NOT KNOW OR UNDERSTAND THE ENGLISH LANGUAGE!!!! For those of you who are horribly offended or injured by my typo or completely lost all idea of what was being stated or commented on due to said typo and could not draw your own conclusion that said typo was indeed a typo I extend my most heartfelt apology. Even if it wasn't a typo I don't remember ever claiming I was an English professor. Mel do you actually need to be that kind of an: insert your favorite expletive here? You truly are a prime example of why lawyers have the reputation they do here in the US. You actually I think have a real future not just as a lawyer but a politician too!

First, those images do take time to layout and take as Charlie mentioned. Expense is also spent to create the areas to take said pictures, labor is spent to pay the employees to layout and take said pictures, edit them for web use and post to their sites just for starters. More importantly though you seem to have missed the point and APPARENTLY DO NOT UNDERSTAND the real and point of this so here are two questions. First start with simple YES or NO answers please before you try and justify yourself if you don’t mind.

1. Did you or did you not access through means other than those intended by the website owners and or developers copy an image and or images from a password protected portion of a legal business or corporations website(s) without prior permission and re-post said images claiming FAIR use and or circumnavigate a websites efforts to display images with a watermark prominently displayed and added during the proper server call made at said site(s) through a URL exploit allowing the same said image(s) to be displayed in full without said intended watermark for the purpose of downloading and or redisplaying same said image(s)?

This actually is a crime and there is case law to back it up. Am I going to go nuts searching for it to quote it to you and try to make it sound even more important?
No, don't have the time and apparently since you can't just stop being a lawyer and again be a human being you are not worth it.  I make my living building websites, not half assed little baby sites but large corporate and business sites where these little security issues which is how I know where and how to get these images you use come from and how you circumnavigated security to get those images came from. Sorry, is that legal to do to under fare use? See how it is spelled again? Just for fun this time, sorry to those offended or mentally damaged by this intentional spelling error. It is also how I know that the business owners of these sites do have a case if they so chose to make it and a reasonable expectation of privacy because I have been through it with the copyright lawyers before to help make sure my clients are protected. They do not need to watermark an image that is held behind protected areas of their sites because of an implied and or apparent expectation of security and privacy in these cases. They also have a claim when said images are displayed through proper means with said watermark that the image will not be copied or redisplayed without said watermark even if an exploit known or unknown publicly allows the opportunity to download the image without the intended watermark. Yes there is room to play with culpability here depending on if the owners know about the exploit, length of time known, etc. But really? Is that needed? Because these exploits in the websites in question exists does not give you free range because you know a simple old school hack to get around code that was poorly written by their developer to get at those images? Would it be legal for me to use an exploit to hack into the obamacare website and just copy everyone’s personal information and use it at will? I do not expect that they, the image owners in these cases, will file suit and do not even know if they care or not though in some cases I think they just might.

2. Have you or have you not on this site and others including your own used the published research and information of others without crediting said sources?

Where do I even begin. First SCREW THE LAW, if you did the research especially if it is published in a book, magazine or website credit should be given out of simple human decency and respect for the time and effort made to do that research. Heck didn’t they teach you when doing research papers in school to quote your sources or did they leave that part out? If I were to directly quote information from your site and or use an image from your site and it was actually yours and you did the research then I feel 100% that I should as a human being acknowledge your time and effort to better this hobby with at least a simple comment “Hey guys I got this from ….. If I do not know the original source of the information that does make it difficult at times but at least I can say it came from this site especially when quoting it for education to allow the users to continue and or do their own research and form their own conclusions based on those sources. Do I care if once in a while it was forgotten to add the credit? Heck no, we are all human write. <--- see another misuse of similar words here but I bet those that have read this far got the meaning anyway. I know I have done it form time to time, I am again human, but I do try to do so at all times. But then again that is taking an image or research that is not hidden in a protected area of someone’s website. If it were in a protected area with these weird login things required to reach it through the intended paths then NO it should not be copied and reposted AT ALL without permission.

Does this all of this make you a criminal? I am not a lawyer or law enforcement representative to make that judgement and frankly do not really care. Does it make you just a little less of a person especially that you are fighting so hard to not give people credit for their efforts using the law in this manner to justify it? In my eyes Yes.

And that is my last comment on it. You have fun quoting case law now.




Ain't nobody got time for dat!  :P

Should I remind you guys that this forum is ran run by a frog?  So really, typos?

Aside from that and the name calling, very informative discussion.  Carry on.

T

Fixed that for you.  8)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: AdamCarterJones on November 08, 2013, 12:18:34 PM
Bond posters, I am posting this prior to reading your comment but thank you for your backup on this.
...
Didn't want to fill up space by quoting your entire message.

What you wrote - VERY well said.
Looking forward to seeing what he replies to you with  pcorn

Ad
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: eatbrie on November 08, 2013, 12:24:59 PM
Fixed that for you.  8)
[/quote]

Did you even understand what I was trying to say?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 08, 2013, 01:34:32 PM
If you're not a lawyer, then trying to not defend your case against one is probably not the wisest  move.  I'm sure that Mel has his reasons for not posting the information of the image locations, and it sounds like he knows what he's talking about regarding why he doesn't have to post that info.  What about the artists, the campaign employees, etc.?  It's a slippery slope if you really want to give credit to every person who was responsible for this stuff.  Anyway, this art was meant to be shared with the public.

You are right some arguments are not worth arguing or difficult to win but the simplest explanation of what the real complaint here or root cause of it is that the images in question are hidden behind an, admittedly not the best coded (no offense the the developer that wrote it), secure portion of a website and are being downloaded and used without permission. If they were in public view I would have like as I normally do kept my mouth shut. You are also correct it is really hard if not impossible to credit everyone but it is very easy when you already know.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Neo on November 08, 2013, 01:35:27 PM
Fixed that for you.  8)


Did you even understand what I was trying to say?

Yeah, I was just goofin' with correcting the tense of the verb "run."  No big deal.  A little grammatical error, it happens to everyone.  I actually just noticed a little error in my own comment.  I meant to say: trying to defend your case against one (a lawyer) is probably not the wisest move; it's kinda like an average guy getting into the ring with a professional like Mike Tyson.

If you're not a lawyer, then trying to not defend your case against one is probably not the wisest  move.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Neo on November 08, 2013, 01:49:53 PM
You are right some arguments are not worth arguing or difficult to win but the simplest explanation of what the real complaint here or root cause of it is that the images in question are hidden behind an, admittedly not the best coded (no offense the the developer that wrote it), secure portion of a website and are being downloaded and used without permission. If they were in public view I would have like as I normally do kept my mouth shut. You are also correct it is really hard if not impossible to credit everyone but it is very easy when you already know.

I understand your stance on the issue.  In a lot of cases regarding photos of posters, it seems like more of a personal morality issue whether to include a citation such as "this image is from ____."  I appreciate that some people choose to use citations, however, I also see that if it's not legally necessary, then some people choose to not include such info., whatever their reasoning may be.  

cheers
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 01:55:40 PM
Hey just cause you passed the bar exam doesn't make you a good lawyer.  Well maybe good at endlessly arguing a point.

And shouldn't some photographic credit be given to the restorer who actually did work on the Frankenstein (or any other poster)?  Would that not be a creative interest in that it is the restoration work that is being presented in the photo and not only the artistic work from 60 years ago?  ;)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: erik1925 on November 08, 2013, 02:02:19 PM
If you're not a lawyer, then trying to not defend your case against one is probably not the wisest  move. I'm sure that Mel has his reasons for not posting the information of the image locations, and it sounds like he knows what he's talking about regarding why he doesn't have to post that info.  What about the artists, the campaign employees, etc.?  It's a slippery slope if you really want to give credit to every person who was responsible for this stuff.  Anyway, this art was meant to be shared with the public.



It boils down to the fact that the Poster Mountain image database is NOT accessible to either the public, (and no longer) to anyone who may have created an account and password there, in the past.

I wanted the several large image files from PM, of posters of mine they had worked on. When i went to log into the database area with my user name and password, it failed. I called PM and they told me this area of their site was no longer available for individuals to view and they had to email me a temporary password so I could see (and then download) my own images from their database.

And the password ONLY worked for the links to my images. it did not give me free reign to scour their database, either.

Mike's (Undead's) basic argument had nothing to to with artists' original works, copyright, "ease or quickness" of photography, fair/fare use (dam, there's that typo again!) etc.

The images were not obtained from a publicly accessible part of the Poster Mountain website. Did John Davis give permission (or the method) to go into their image database so that their images could be viewed and downloaded?  Maybe, but I doubt it.

If one figures out and "goes" into a company's private & secure database and takes images (or any data for that matter) without permission, I hardly think one will advertise that, will one?





Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on November 08, 2013, 02:11:19 PM
If one figures out and "goes" into a company's private & secure database and takes images (or any data for that matter) without permission, I hardly think one will advertise that, will one?

Isn't that considered 'hacking?'
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Charlie on November 08, 2013, 02:13:10 PM
Perhaps Mel saved it before they shut it down...  Lawyers can't hack.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 02:36:16 PM
Perhaps Mel saved it before they shut it down...  Lawyers can't hack.

Well they can - they just can't admit to it publically (especially a government employed one)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 08, 2013, 02:47:08 PM
Before anyone mentions yes I apparently did decide to keep commenting.

And that is my last comment on it.

Isn't that considered 'hacking?'

Technically yes even though it is a simple exploit where anyone with basic knowledge or experimentation could find it.

Perhaps Mel saved it before they shut it down...  Lawyers can't hack.

The large format images were never made available to the public in 99% of cases and even if you had database access prior to the lockdown where nobody had access you only had access to the posters you had them restore for you. The recent posts for example the King Kong RR six sheet being restored are recent works within the last few months and were never made available to anyone in the large format version. Only a thumbnail size view as in the example linked from the Poster Mountain website below. You could only get to the large version if you are granted special access or you use an admittedly simple URL exploit.

This is the largest image PM has publicly released for this poster linked directly from their websites publicly visible side.

(http://postermountain.com/form/img/detail/small/137513275996.jpg)

Larger version downloaded and posted by Mel linked from his website not Poster Mountains site.
The image location as you can see is clearly coming from Mels Poster Nirvana site. http://www.posternirvana.com/0DNE2/2013-11/King%20Kong%20%281933%20US%206S%29%202.jpg

(http://undead.net/images/mel_kong.jpg)
(http://www.posternirvana.com/0DNE2/2013-11/King%20Kong%20%281933%20US%206S%29%202.jpg)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 08, 2013, 03:20:27 PM
Boys, your faux-enlightened legal analysis and complaints are simultaneously amusing and tiresome.  You've gone on and on about various subjects but we're only talking about photographs of movie posters.  For legal purposes, they are considered "slavish" copies of pre-existing creative works and do not enjoy any independent copyright protection.  The plaintiff in Bridgeman made the same losing arguments you're making. (http://www.law.cornell.edu/copyright/cases/36_FSupp2d_191.htm)

Mike, who are you anyway? Wow, you are a tiresome troll. Have you ever contributed anything to this forum or do you just come here to launch "digital piracy" crusades?

And of course the legal “help” from Adam is hilarious. This is the guy whose “nonprofit” website (BondPosters.com) is infested with advertising and promotes gambling websites. (The front page states: “We recommend visiting SpinPalace.co.uk whose poker games should help brush up your casino knowledge to hopefully defeat the budding Goldfinger's and Le Chiffre's of today.”) I can't imagine that Danjaq LLC – the copyright owner of all James Bond posters (https://www.facebook.com/pages/Danjaq-LLC/103813863018899) – would knowingly tolerate that abuse of its intellectual property.

But notwithstanding the foregoing please feel free to complain to Heritage and/or Poster Mountain that I am "stealing" from them and/or being un“fare” by posting some of their digital reproduction images on this forum to amuse and entertain my fellow poster nerds. That is a terrible crime indeed.  Or perhaps not.  Of course, aside from the ridiculousness of such complaints, I should mention that I have paid Heritage and its consignors $14,912 and Poster Mountain more than $1,000 for their wares and services, so your complaints may fall on deaf ears. Too bad, so sad.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 08, 2013, 03:27:33 PM
I love it when you guys get Mel all riled up! :)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 03:34:23 PM
I love it when you guys get Mel all riled up! :)

It's one of the highlights of APF certainly
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 08, 2013, 03:42:13 PM
If you want to call calling you out on this matter trolling then I guess I am but I do not see it that way and since I do not make a habit of this I do not think the term is accurate but then again I am apparently not that smart.

I do love how you are beating around the bush and insulting other users information right or wrong while ignoring the main point. Or perhaps you missed it. In case you did I have cut out the rest of the text and just left the Yes or No questions that you apparently would like to continue to hope nobody noticed. Again a simple Yes or No answer will suffice but feel free if you must. Wheres the dang popcorn icon???

1. Did you or did you not access through means other than those intended by the website owners and or developers copy an image and or images from a password protected portion of a legal business or corporations website(s) without prior permission and re-post said images claiming FAIR use and or circumnavigate a websites efforts to display images with a watermark prominently displayed and added during the proper server call made at said site(s) through a URL exploit allowing the same said image(s) to be displayed in full without said intended watermark for the purpose of downloading and or re-displaying same said image(s)?

2. Have you or have you not on this site and others including your own used the published research and information of others without crediting said sources?


Yes I have posted some good info on this forum as you have even yourself acknowledged prior to... yeah well you know where it went from there.

As to Heritage I have not been in touch with them.

For PM I have spoken with them and John quite a bit today and have also given them the code needed to help close the exploit you are using which is being implemented as we speak. As to deaf ears, it did not fall on such deaf ears, they seemed rather unhappy about it actually. They do seem to care very much about their works and images being taken and used in such a way without permission. Will they pursue it from a legal stand point? I don't know and personally I doubt it is worth it to them but that is not my call.

Perhaps I should talk to Heritage now.

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on November 08, 2013, 03:50:27 PM
Mike, who are you anyway? Wow, you are a tiresome troll. Have you ever contributed anything to this forum or do you just come here to launch "digital piracy" crusades?

This is quite a defamatory statement, counselor.
Maybe you should scan Undead's post history.
He's a cool contributor.
No signs of 'trollish' behavior.

I think you're mistaking Undead for Louie -- which is understandable. They each have a 'u' in their name.  wynk
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 08, 2013, 03:51:28 PM
The problem is, even if Mel did either of those things it cannot be proven and photos of posters belong to no one. So they cannot do anything legally because they do not own the works displayed and therefore do not enjoy the protections of being copyrighted works.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 03:55:57 PM
The problem is, even if Mel did either of those things it cannot be proven and photos of posters belong to no one. So they cannot do anything legally because they do not own the works displayed and therefore do not enjoy the protections of being copyrighted works.

What about the modifications they made to those posters?  Do they own photographic representations of that work?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 08, 2013, 03:56:20 PM
This is quite a defamatory statement, counselor.
Maybe you should scan Undead's post history.
He's a cool contributor.
No signs of 'trollish' behavior.

I think you're mistaking Undead for Louie -- which is understandable. They each have a 'u' in their name.  wynk


Thank you!
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 03:57:13 PM
Thank you!

I like how you used "Said" a lot - helps drill into those thicker skulls perhaps
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 08, 2013, 04:00:32 PM
What about the modifications they made to those posters?  Do they own photographic representations of that work?

That's more legal mumbo-jumbo .. technically they are recreating what was there. So, I'd guess (because I'm no legal eagle) that they do not own that work at all. Only if an artists changes it and makes it their own artwork would then ownership start to come into play.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 04:06:07 PM
That's more legal mumbo-jumbo .. technically they are recreating what was there. So, I'd guess (because I'm no legal eagle) that they do not own that work at all. Only if an artists changes it and makes it their own artwork would then ownership start to come into play.

Well restoration is never exactly the same as the original poster/artwork.  I would think a restorer would feel they own that re-created art or "work" and representations of it - especially when it is used as promotional material for their services...
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 08, 2013, 04:19:00 PM
Well restoration is never exactly the same as the original poster/artwork.  I would think a restorer would feel they own that re-created art or "work" and representations of it - especially when it is used as promotional material for their services...

If the intended it to be a true restoration, meaning that they are trying to make it to look just like the original then I'd still say they have no ownership. I think of restoration this way.. they are copying what is there to make the piece whole again. Now if they did the exact same thing but instead of recreating a part of the image they recreated the entire image then the recreations would be considered forgeries and either way the work doesn't (legally) belong to them.

Only if they take the work and do something highly transformative or attempt some spoof, satire or to criticize could they then claim some kind of ownership of the new work.  
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: ladeda on November 08, 2013, 04:36:46 PM
The problem is, even if Mel did either of those things it cannot be proven and photos of posters belong to no one.

eh, not necessarily true. a quick EXIF data scan can reveal all about the sauce, and If a file was never released to the public then that's a plausible conclusion..

taking the king kong poster as example:

Make: NIKON CORPORATION
Model: NIKON D90
Date Time: 23/06/2011 – 21:38
Shutter Speed: 1/60 sec
F-Stop: f/4.0
Aperture value: f/4.0
ISO Speed: f/1.4
Focal Length: 50.0 mm
Flash: Did not fire


Copyright may not apply to photos of public domain art, but accessing what is to be a secure area of a server to obtain files is unarguably hella shiesty. 
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 04:40:35 PM
If the intended it to be a true restoration, meaning that they are trying to make it to look just like the original then I'd still say they have no ownership. I think of restoration this way.. they are copying what is there to make the piece whole again. Now if they did the exact same thing but instead of recreating a part of the image they recreated the entire image then the recreations would be considered forgeries and either way the work doesn't (legally) belong to them.

Only if they take the work and do something highly transformative or attempt some spoof, satire or to criticize could they then claim some kind of ownership of the new work.  

Yes, yes I understand.  But restorers have built their entire businesses around "rebuilding" pieces - in their own artistic hands - of existing artworks (I use artworks in the broadest terms to represent myriad paper items that could be restored).  Representations - i.e. photographs - of that artistic work particularly when used as a means to illustrate the work that can be done or promote the business as whole must have some degree of business ownership.

Does anyone know if a restorer must legally ask permission from a client to post/distribute/market the work done on a poster in advance of doing same?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 08, 2013, 04:41:17 PM
The camera info still doesn't prove anything .. that can be edited or deleted by anyone. For all we know Mel thought this was a funny thread went in there and duplicated the camera codes and is having a laugh. It is circumstantial and wouldn't "prove" anything.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 04:43:38 PM
The camera info still doesn't prove anything .. that can be edited or deleted by anyone. For all we know Mel thought this was a funny thread went in there and duplicated the camera codes and is having a laugh. It is circumstantial and wouldn't "prove" anything.

I thought the camera info/code was ingrained in the digital photograph?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 08, 2013, 04:46:31 PM
Does anyone know if a restorer must legally ask permission from a client to post/distribute/market the work done on a poster in advance of doing same?

I believe this is harkening back tot he original question .. people who own artwork, be it posters, photos or whatever .. do not really own it. So someone taking a basic photograph of it doesn't infringe on copyrights and the person who took the photograph doesn't really own that image.

Now take it one step further, some one restored a poster and took a super HD photo and then started illegally recreating the poster and selling it. The person for whom the poster was restored has no legal rights to sue but that would fall on the VeRO to raise question and file suit.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: ladeda on November 08, 2013, 04:49:42 PM
The camera info still doesn't prove anything .. that can be edited or deleted by anyone. For all we know Mel thought this was a funny thread went in there and duplicated the camera codes and is having a laugh. It is circumstantial and wouldn't "prove" anything.

Remove entirely yes, but editing the shutter speed, ISO and the focal length of the lens, hell no.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 08, 2013, 04:53:19 PM
I thought the camera info/code was ingrained in the digital photograph?

Nope, save the photo to your computer then right click and go to properties then details and you can delete most of it easily there are other ways to scrub metadata to where it can say whatever you want it to say as well.
(http://snag.gy/NzIaD.jpg) (http://snag.gy/DdSGp.jpg)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 04:55:41 PM
I believe this is harkening back tot he original question .. people who own artwork, be it posters, photos or whatever .. do not really own it. So someone taking a basic photograph of it doesn't infringe on copyrights and the person who took the photograph doesn't really own that image.

Now take it one step further, some one restored a poster and took a super HD photo and then started illegally recreating the poster and selling it. The person for whom the poster was restored has no legal rights to sue but that would fall on the VeRO to raise question and file suit.

I am not referring to the poster in totality but the restored work...if the poster is restored the poster is no longer "as it was".  It's been altered.  I believe one of the arguments that came up is that the photo of King Kong could be disseminated because any copyright on it would have expired.   The photo shared also had not yet had any restoration work performed by Postermountain.  But if artistic restoration was done yesterday - and if there is a copyright - it obviously would still be in effect...
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 04:57:40 PM
Nope, save the photo to your computer then right click and go to properties then details and you can delete most of it easily there are other ways to scrub metadata to where it can say whatever you want it to say as well.
(http://snag.gy/NzIaD.jpg) (http://snag.gy/DdSGp.jpg)

But saving the photo and then editing it is just creating a second or more precisely third copy.  The original digital file from the camera would still have the correct info.  But yes we don't know what version of the photo Mel posted so your point is made. 
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on November 08, 2013, 05:02:05 PM
While a restoration artist might (or might not) get protection under existing copyright laws, the spirit of what Chris is driving at is on the money.

Restorers might not own the work they have been contracted to perform, but they might have some say as to how their work --which is actual artistry -- is presented/published.
There might even be stipulations agreed upon between the client (poster owner) and the restorer as to how that image will be used.
I think that is why they had them locked away in the first place.

Frankly, I think they should allow these images to flood the internet with a minimal watermark.  It's good advertising.

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 08, 2013, 05:03:49 PM
Remove entirely yes, but editing the shutter speed, ISO and the focal length of the lens, hell no.

Before you make a claim like that you should be 100% that you are in fact correct.
(http://snag.gy/fm904.jpg)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 08, 2013, 05:07:01 PM
I am not referring to the poster in totality but the restored work...if the poster is restored the poster is no longer "as it was".  It's been altered.  I believe one of the arguments that came up is that the photo of King Kong could be disseminated because any copyright on it would have expired.   The photo shared also had not yet had any restoration work performed by Postermountain.  But if artistic restoration was done yesterday - and if there is a copyright - it obviously would still be in effect...

It is "as it was" ... originally.. I get what you are saying , that the work they do isn't original so it should belong to them. But it doesn't. Unless they purposely made the work totally different or made satirical changes. Its still a King Kong poster (and if it wasn't public domain) the original rights owners would own the work.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 50s on November 08, 2013, 05:20:11 PM
A digital file / digital image is comprised of a long string of text characters 1's and 0's (as we all know by now).

A digital file can be edited down to the 1's and 0's level to change anything. Don't think a digital file has some sort of unbreakable protection or has something that can't be changed.  EVERYTHING in a digital file can be altered. Once somebody has the file, they can do whatever they like to it technically.

---

My understanding is if the photo is not just of the poster but includes something else, such as a scarab paper weight in each corner, it is considered sufficiently different creatively and copyrighted. Include something other than just the poster in the image if you want to have a little protection.

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 08, 2013, 11:17:52 PM
A digital file / digital image is comprised of a long string of text characters 1's and 0's (as we all know by now).

A digital file can be edited down to the 1's and 0's level to change anything. Don't think a digital file has some sort of unbreakable protection or has something that can't be changed.  EVERYTHING in a digital file can be altered. Once somebody has the file, they can do whatever they like to it technically.

---

My understanding is if the photo is not just of the poster but includes something else, such as a scarab paper weight in each corner, it is considered sufficiently different creatively and copyrighted. Include something other than just the poster in the image if you want to have a little protection.



Is this why David always posts his dog and you always post your latest supermodel girlfriend?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: erik1925 on November 08, 2013, 11:24:36 PM
Aside from the interesting camera info, data stamped on a photo image file, etc, the basic question that Mike "Undead" asked (several times) still remains unanswered:

Was permission given to go into Poster Mountain's private, secure and non-public database to download their large image files?

OR, was it done by other, "less permissive" means?

Forget about poster images for a moment. Hacking into secure, non-public areas on ANY website is illegal -- period.

Regardless if it be poster images or other data looked at or downloaded -- that is immaterial.

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 50s on November 08, 2013, 11:31:50 PM
Aside from the interesting camera info, data stamped on a photo image file, etc, the basic question that Mike "Undead" asked (several times) still remains unanswered:

Was permission given to go into Poster Mountain's private, secure and non-public database to download their large image files?

OR, was it done by other, "less permissive" means?

Forget about poster images for a moment. Hacking into secure, non-public areas on ANY website is illegal -- period.

Regardless if it be poster images or other data looked at or downloaded -- that is immaterial.




If you are asking Melvin, I am guessing you might need to wait till he is back from figuring out where the EMP supersized image repository is located

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: erik1925 on November 08, 2013, 11:35:18 PM

If you are asking Melvin, I am guessing you might need to wait till he is back from figuring out where the EMP supersized image repository is located


It's already been considered, Steve.
 
;D

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Charlie on November 08, 2013, 11:36:53 PM

If you are asking Melvin, I am guessing you might need to wait till he is back from figuring out where the EMP supersized image repository is located



It's in Missouri...
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 09, 2013, 07:43:15 AM
Not that I am saying that he did it, but if he had, why would he admit it publicly on an open forum? That just seems idiotic to me, and as smart as Mel is I am not 100% sure that he's as good of a Hacker as you all seem to believe he is.

So make your assumptions on where he got the photos from and move on, you will either get no response or you will not believe his response. Either way, that has no bearing on the ownership of the rights for the photos of posters or artwork as they are displayed on the internet.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 09, 2013, 01:17:21 PM
Not that I am saying that he did it, but if he had, why would he admit it publicly on an open forum? That just seems idiotic to me, and as smart as Mel is I am not 100% sure that he's as good of a Hacker as you all seem to believe he is.

So make your assumptions on where he got the photos from and move on, you will either get no response or you will not believe his response. Either way, that has no bearing on the ownership of the rights for the photos of posters or artwork as they are displayed on the internet.

Will he respond, I doubt it, he will hide away until he feels it has been forgotten in my opinion. If he does respond I will be happy to hear his side and if he poses a good argument that can sway me to his side I will admit and acknowledge that fact though I do not believe that is possible in this particular case.

For his skills, one reason that I keep referring to it as an exploit rather than a hack is you need no and I really do mean 0 programming and web programming experience to find and use this exploit when it exists on a site. You simply need a very basic understanding of how the URL works to use it and more people than not do not learn this one, they actually find it out by accident. The fact that he runs and edits, I believe he does it himself, his own site and site pages no matter how simplistic the build means he has to know how the URL works or his site would not work at all.

I am ignoring all other points of this thread for the time being and stating my own opinion about the biggest point of this whole annoying thing.

How the photos were obtained has a huge bearing on who owns and has rights to them. No matter which side of fair use you fall on or what the laws interpretation actually says which is wide open to debate by real copyright lawyers who specialize in this field which there are many that contradict Mel's statements. But we are not talking about and I have not used examples of photos at any time in this that were EVER part of the public domain or even viewable by the public either at all or without the owners watermark at any point in time in the past or present. These facts and the fact that as such could only have come from one location in both cases make it clear where they came from. They again are not out there to be had publicly.

Think of it this way. Someone has a shed with a bicycle in it. They lock that shed with not a high dollar super strong all the bells and whistles pad lock but instead use a cheap made in China lock that is easy to break. You then go and break that lock and go into the shed without permission and take the bicycle home with you and start riding it around. Does the fact that the bike was not secured as best it could have been an acceptable reason to take the bike? Is it not a crime to still take the bike just because you knew how to and could? Even if the bike was unlocked and in plain view you know it belongs to someone else, does taking it and painting it a different color and keeping it make it less wrong? This part is referring more to the watermarked images. Keep in mind that we again are not talking about or arguing about images that were made viewable to the public, not photos that were just out there, find them in a Google search or something. They were photos that were behind that locked door no matter how poorly locked it was, it was indeed locked. Or in the case of Heritage they are photos that were made part of the public domain but only with a watermark. Going behind that locked door again to the locked part of the site that is not made publicly accessible to get the photos without the watermark is the same exact thing. This is the true point here.

The fact that he is a lawyer claiming to know all the ins and outs of what he calls trying to mock me, the "Internetz", to me makes it even worse and frankly very disappointing on a human level. He as someone educated in the law, any law, should know better. He as a human being with, hopefully, a conscience should know better. On a simple human level we all I hope know better than to just go into someones house because we can and start taking things. These photos in question were not taking as part of an art project but as part of a business service that was sold to an individual and paid for. The content in this case is not even relevant, the fact that they are part of a paid for service gives them monetary value. He says we are only talking about movie posters here, how does that really make these points any less important. He as a lawyer and just as an adult I would think could also address this situation or walk away from it at his discretion. He could do either without trying to ridicule the person making his statements in a childish manner. He instead of addressing the comments that he feels are damming seizes on a spelling error on a similar sounding word that is actually used in the proper context and acts as a juvenile about it. He when he feels right rather than pose a clear and concise argument as I would expect from a lawyer calls us names or ridicules us. This actually answers more questions to me about him than I would like to admit.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: stewart boyle on November 09, 2013, 02:01:29 PM
If you had asked me the original question,and your assumption of how I had obtained these images was incorrect..I would simply have replied,No.

Why would I be so reluctant to give such a simple answer to a simple question?
Filibuster by any chance?

Stew
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Neo on November 09, 2013, 11:00:16 PM
The fact that a few of you are being overly harsh on Mel for copying the big photo, with a simple URL gimmick, is really petty.  It's a classic poster, that was meant to be shared with the public.  Since some of y'all with eagle eyes wanted to note that it came from Poster Mountain, then that's your prerogative, and it's good advertising for them.  It actually compelled me to check out their gallery and see a lot of awesome stuff they worked on, and it looks like they do great work. 

Mel graciously shared the facts about the copyrights for photos of posters, for the knowledge of everyone.  It appears that some people want to make the issue about the photo of the Kong poster and his responses (or lack thereof) into a big saga.  They're images of art, art that was created to be enjoyed by everyone.  Now I'm gonna go check out some more of the stuff in Poster Mountain's gallery, and probably add a few movies to my Netflix queue.  8)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: erik1925 on November 10, 2013, 01:05:25 AM
"Breaking" (hacking) in to a secured part of any website (let alone downloading pics or information, without permission), is illegal --- PERIOD. How it was done (the "simple URL gimmick" you refer to, or workaround) is a non-issue and irrelevant.

How would you feel if someone "got in" to your online bank, medical or credit card files, and then downloaded and/or posted them to some public forum? I'm assuming you would not be happy (or would you care less?)

It's the same thing here... whether they be poster images or bank or medical data; the info (in this case, large, high res images of pre- and post- restored posters worked on by PM) is from a secured part of Poster Mountain's website that is not available to the public or displayed online, in general.

Just because someone figured a way to access those images and download them, does NOT make it right, let alone the comment that even though one may have spent $1000. in rendered services, gives one the right to do so.

That is pure hogwash.

Copyright discussion is a whole other issue... done "graciously" or not. They are not one in the same; not by a long shot.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Neo on November 10, 2013, 02:07:13 AM
"Breaking in" to a secured part of any website (let alone downloading pics or information, without permission), is illegal --- PERIOD. How it was done (the "simple URL gimmick" you refer to, or workaround) is not the issue.

How would you feel if someone "got in" to your online bank, medical or credit card files, and then downloaded and/or posted them to some public forum? I'm assuming you would not be happy (or would you care less?)

It's the same thing here... whether they be poster images or bank or medical data; the info (in this case, large, high res images of pre- and post- restored posters) is from a secured part of Poster Mountain's website that is not available to the public or displayed online, in general.

Just because someone figured a way to access those images and download them, does NOT make it right, let alone the comment that even though one may have spent $1000. in rendered services, makes one entitled to do so. That is pure hogwash.


I understand if Poster Mountain has reasons for not sharing the large versions of the images with the public, and if that's the case then I'm sure they appreciate someone bringing it to their attention, so they can take measures to prevent it from happening again in the future.  However, Jeff, my bank, etc. info. are not the same as a photo of a movie poster.  Poster Mountain posted the photo to their website, intending to share it with the public.  I don't see the big deal about using a URL gimmick to share a large version of it.  Mike said that's it's a very simple thing.  We'll have to agree to disagree about the moral unjustness about that, as it was a a photo (albeit a smaller version, that they posted on a public website) of art that was designed to be shared with the public.  Whether that action is potentially illegal is probably something that only an expert could determine.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: erik1925 on November 10, 2013, 02:32:33 AM
I understand if Poster Mountain has reasons for not sharing the large versions of the images with the public, and if that's the case then I'm sure they appreciate someone bringing it to their attention, so they can take measures to prevent it from happening again in the future.  However, Jeff, my bank, etc. info. are not the same as a photo of a movie poster.  Poster Mountain posted the photo to their website, intending to share it with the public.  I don't see the big deal about using a URL gimmick to share a large version of it.  Mike said that's it's a very simple thing.  We'll have to agree to disagree about the moral unjustness about that, as it was a a photo (albeit a smaller version, that they posted on a public website) of art that was designed to be shared with the public.  Whether that action is potentially illegal is probably something that only an expert could determine.

Brandon.. you MISS the basic point entirely. The superize, high res images on PMs site are NOT available to the public, nor are they viewable on their website. Similar to bank info and medical records, those images are LOCKED down and not viewable to either the public or even those that created accounts and passwords to access said images. That ability ended over a year ago. I know. I emailed PM yesterday about when they locked the archive part of their site down and they gave me that answer. As mentioned prior, I had to obtain a temp password to look at the large, hi res images of MY OWN posters that they had worked on, for me.

You use the word "gimmick" as though it was no big deal. And when Mike talked about simplicity, he was referring to the more simple security measures that had been used to protect that part of their site initially. Simplicity was the reason it was being pilfered.

At this point, the Xlarge, hi res database is now no longer as "simple" to access from wannabe hackers.  thumbup

Hacking/breaking into a secure part of any website is illegal, Brandon.  That info is easily and readily available online. Check it out.  8)



Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 10, 2013, 08:17:43 AM
I think the comparisons to bank accounts and medical records websites are beyond silly. As soon as those images were made accessible to the public the act of opening them is no longer "hacking". That is poor website design, it is not the same as walking into someones home and taking something. Because PM posted it for public viewing, unwittingly or not, that's what they did.

There was no gimmick, hack, or trickery here.. if you typed in a public web address into the address bar the image comes up. They need to fire or sternly talk to their web designer because they didn't do their job properly. Everyone knows that if you post a photo to the internet and its not a copyrightable image that anyone can download it and do as they wish with it. That is why people re-size images and use watermarks!!!

So PM messed up and posted something publicly that they didn't want to, they made a mistake and have corrected that mistake. Now everyone is trying to crucify Mel for supposedly having copies of those photographs. Get over this little crusade and move on, there was no wrong doing here nor is this thread accomplishing anything. Mel has his quirks and can ruffle some feathers and god knows that he and I have had our online spats, but I consider him an online pal and I know that he only has the best intentions for the hobby and gives a lot back to the hobby which is more than I can say for a lot of other members of this site.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 50s on November 10, 2013, 08:34:36 AM
I know that he only has the best intentions for the hobby and gives a lot back to the hobby which is more than I can say for a lot of other members of this site.

In that case, I wonder if Bruce provides those with best of intentions for the hobby unfettered access to the EMP Supersize image archive. If not, I am not sure then that that is much of a reason.

You know how much effort Tang puts into his videos. Should they be taken and used on other web sites without his knowledge or approval. I wonder if you think his videos are also free for all's as they just show a poster.

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest8 on November 10, 2013, 08:50:40 AM
In that case, I wonder if Bruce provides those with best of intentions for the hobby unfettered access to the EMP Supersize image archive. If not, I am not sure then that that is much of a reason.

You know how much effort Tang puts into his videos. Should they be taken and used on other web sites without his knowledge or approval. I wonder if you think his videos are also free for all's as they just show a poster.

Bruce is free to do with his pictures as he wishes. Im honestly not sure what you are trying to get at with this statement about Bruces site.

As for the Tang videos . I am not familiar with them, so I am going to have to assume that they are something more than a video of just a movie poster. Therefor there would be some kind of intellectual property that is also a part of the same video.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 01:45:11 PM
I personally think this is beating a dead horses bones to dust and the point has been made thoroughly and clearly enough that it is by choice if it is not understood or ignored regardless of the examples used but that is again my opinion and I am not faulting others for theirs. Just to help a few others who may not understand but would like to with specific excerpts from the actual laws I am using some excerpts from the actual law statutes in question. I hope this will help in understanding that this is actually a crime and a criminal act to perpetrate it regardless of what you may think of it now.

Lets define what has been been made public and what has not been made public as being what has been intentionally shown through proper means, links, images or pages publicly index-able on a website and what has not been requiring you to intentionally gain access to an area that you are not directly or intended to view without permission or added direction that is behind a password secured entry way aka a login screen/page. Lets start with the small images which are thumbnails of the larger images intentionally reduced in size to prevent the view of exact detail but give an overview and identification of the poster that work is to or has been performed on and were indeed made public and never were the issue here. Kong was just one example of this. The larger images with full detail were however NEVER made public and to access without permission required the act of bypassing existing security regardless of the securities strength or thoroughness and the individual did knowingly exceed his authorized access to a portion of a website. I do not think this can be in question. The watermarked images from HA are public, the non watermarked images are not public through intended means and again requires accessing through a means that is not intended by the owners/developers. This is actually how the law reads and is interpreted in regards to public and not public in this instance. Altering a URL that can be altered to access an otherwise inaccessible area does not constitute being made public.

The following is strictly about hacking or actually cracking as hacking is and has been used out of context for so long most people do not bother to correct it anymore including myself.

What follows here is taken directly from United States state and or federal law statutes in which the acts discussed did occur. Most countries including Australia, Canada and Great Britain have similar laws and definitions. I did not interpret the following, they are copied excerpts from the actual law.

Legal definitions to consider when reading-
"Access" means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network.
"Computer network" means:
"Computer services" includes, but is not limited to, computer access, data processing and data storage.
"Data" means information of any kind in any form, including computer software. Yes this includes images.
The "Internet" is a hierarchy of computer networks and systems that includes, but is not limited to, commercial (.com or .co), university (.ac or .edu) and other research networks (.org, .net) and military (.mil) networks and spans many different physical networks and systems around the world.

Definitions of the criminal act-
Unauthorized access.
A person is guilty of the computer crime of unauthorized access to a computer system when, knowing that the person is not authorized to do so, the person accesses or causes to be accessed any computer system without authorization or exceeds authorized access.

Theft of computer services.
A person is guilty of the computer crime of theft of computer services when the person accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the intent to obtain unauthorized computer services, computer software or data.

Misuse of computer system information.
A person is guilty of the computer crime of misuse of computer system information when:


If you wish to continue to defend Mel that is great and your prerogative and a credit to your friendship and hope that we all have such friends. If the images and they are many, I only used Kong as an example were in the public view I likely never would have said a word. If the response was an actual response or even simple shot at me rather than attempt to deflect and ridicule I may have had a snippy return of my own and let it go. It was not handled as such. Is it out of hand? If someone here learns something about the crimes committed and as a result is never caught doing so because they will not do it, great and I do not think this is out of hand. If you still think it is OK to steal, that is your prerogative I will just have to make sure the valuables are locked up if you ever come over my house. Is Mel a great guy? I have no doubt he is in most respects and believe that this issue no withstanding would get along with him just fine but not on this particular one and am sorry that some people feel that it is a crusade against him. It is not. For me it is about laws that have been broken intentionally and incorrect use of the reading and intent of certain laws used to make it look OK which may make others think it is legal when it is not. Is Mel a criminal, in this particular case my personal opinion is a crime has been committed but I am not an attorney and it is for a court to decide which I am sure will not and hope for his sake never happens.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 10, 2013, 01:47:16 PM
I've simply skimmed through the gibberish that Mike and his pals wrote.  Suffice it to say that I think we can all agree that we're right and everybody else is wrong and/or diabolically evil. It's too bad Mike (is that you NickLowe?) and Adam don't do anything on this forum other than start fights.  Jeff really does nothing other than praise others' contributions.  We can only hope they actually contribute something positive and original someday.

I will continue to post images of movie posters generally without crediting intermediary sources on this forum for the reasons I've stated and the authorities I've cited. If you think I've committed a crime and/or been un"fare," please call the FBI, the MPAA, the National Enquirer, or sue me. Whatev:

http://www.youtube.com/v/O-YZqH0vX_o
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 01:59:55 PM
I think we can all agree that we're right and everybody else is wrong and/or diabolically evil. It's too bad Mike (is that you NickLowe?) and Adam don't do anything on this forum other than start fights.  Jeff really does nothing other than praise others' contributions.  We can only hope they actually contribute something positive and original someday.

I will continue to post images of movie posters generally without crediting intermediary sources on this forum for the reasons I've stated and the authorities I've cited. If you think I've committed a crime and/or been un"fare," please call the FBI, the MPAA, the National Enquirer, or sue me. Whatev:

And again a typical response with no meaning intended to ridicule or incite avoiding the actual issues and questions again.

Mel PLEASE do continue to post images, we all including myself love to see them. Just make them legally accessible images that you can and I will never say a word.

As to me not contributing and only inciting fights, I believe you are very far out in left field here and I will be happy to have you prove otherwise with real examples if you can find them, please PLEASE do so. I seem to have contributed information to this forum for identification as an example that you yourself, at least here on APF, fully acknowledged that has never been posted anywhere online before. Can you show me an original meaningful piece of research that you have produced or have you merely expounded upon others works for years? For Jeff or Adam not doing anything other than praise others contributions, I see no evil here. What other purpose would a thread like Show us Your Collection or Latest Acquisitions exist for? How could acknowledging someones contribution of information thanking and applauding them for doing it be wrong? Last, this is for others, who the heck is NickLowe?

I was not going to bother repeating these but since you are so intent on being a dick. Do you have an answer?

Quote
1. Did you or did you not access through means other than those intended by the website owners and or developers copy an image and or images from a password protected portion of a legal business or corporations website(s) without prior permission and re-post said images claiming FAIR use and or circumnavigate a websites efforts to display images with a watermark prominently displayed and added during the proper server call made at said site(s) through a URL exploit allowing the same said image(s) to be displayed in full without said intended watermark for the purpose of downloading and or re-displaying same said image(s)?

2. Have you or have you not on this site and others including your own used the published research and information of others without crediting said sources?

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 10, 2013, 02:07:26 PM
I was not going to bother repeating these but since you are so intent on being a dick. Do you have an answer?

Mike - if that is your real name - I'm not going to play your silly games. However, this is verging on harassment and I've reported it to the forum owners for appropriate action.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 02:15:29 PM
(http://undead.net/images/laughing.gif)

Yes that is my real name.

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 10, 2013, 02:30:32 PM
(http://undead.net/images/laughing.gif)

Yes that is my real name.


Thanks, just wanted some more info about you. Can I use this address for service of process  (http://www.whois.com/whois/undead.net)in case we have to go to court to resolve our little spat?

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 02:32:32 PM
Please do.

And I think that pretty much everyone would agree by the above that you have now gone and proven beyond all doubt the type of person you are.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 10, 2013, 02:44:17 PM
Please do.
And I think that pretty much everyone would agree by the above that you have now gone and proven beyond all doubt the type of person you are.

We shall see. Not too cool to call someone a criminal for posting an image on a just-for-fun forum like this.  It's also defamation with presumed damages. By the way, here's the original post showing a public domain image that you've identified as "criminal activity."  As you can see, to the extent it's relevant, I clearly identified Poster Mountain as the source:

(http://posternirvana.com/0DNE2/2013-11/PM3.jpg)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: jayn_j on November 10, 2013, 02:48:11 PM
Step right up folks!  The next show starts in 5 minutes.  See the death defying threats and counter-threats.  See the amazing duel of the attorneys.  Fun for the entire family.
-APF disavows any responsibility for any viewer caught up in the ensuing litigation madness.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 02:51:13 PM
We shall see. Not too cool to call someone a criminal for posting an image on a just-for-fun forum like this.  It's also defamation with presumed damages.

No I am claiming that it is a crime to illegally obtain that image through means other than those intended by the sites owners and then post it. Actually forget post it just obtain it. And I do believe I stated quite clearly that it is my opinion and would require the courts to make the final decision. As such shall we move on the freedom of speech next?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 10, 2013, 02:58:52 PM
Nice douchey scare tactic Mel  eyeroll
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 03:05:13 PM
We shall see. Not too cool to call someone a criminal for posting an image on a just-for-fun forum like this.  It's also defamation with presumed damages. By the way, here's the original post showing a public domain image that you've identified as "criminal activity."  As you can see, to the extent it's relevant, I clearly identified Poster Mountain as the source:

The Kong is again just the one example of an image that did not come to you the way it was intended. Heck I even stopped arguing about fare use. But if you want to, how often do you actually acknowledge? This is still no matter how you look at it primarily about where that image came from. Please show me where Poster Mountain publicly posted the large King Kong image you are showing? Or this one also from the login side of Poster Mountain? Same for the over-sized UN-watermarked photos from HA?

(http://undead.net/images/ausie_onesheet.jpg)

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 10, 2013, 03:13:02 PM
Now Steve, Chris and Ari and the old NS4 gang will remember my old pal Nick Lowe, who made similar charges of "plagiarism" against me back in the day:

http://stylec.yuku.com/topic/7867/Introducing-MoviePosterCollectorscom?page=1#.Un_n5WTF3GY

"Nick Lowe" also had very odd problems with the English language, just like "Mike" can't seem to spell "fare" right.

Now Ari, do pray tell if Nick's posts originated from New Jersey? You refused to tell me the IP address of "Nick Lowe," even though you knew the answer:

(http://posternirvana.com/0DNE2/2013-11/Nick.jpg)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 03:31:17 PM
For gods sake get over the spelling of the word fare/fair and answer questions about the actual issue.

(http://undead.net/images/ouch.gif)

Where did this large HA one come from without watermark as a single example? I will not bother with others as it again is obvious.

(http://undead.net/images/mel_rh.jpg)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: stewart boyle on November 10, 2013, 03:47:37 PM

Now Ari, do pray tell if Nick's posts originated from New Jersey?

Mel Really?

You think Ari is going to post info like that here?

Stew
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Bruce on November 10, 2013, 04:24:20 PM
Guys, please go out and do something else (like get laid)! You are both good guys, and there are a ton of crooks and slimeballs polluting this hobby. I bet they are laughing their heads off reading this thread.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: stewart boyle on November 10, 2013, 04:28:57 PM
Guys, please go out and do something else (like get laid)! You are both good guys, and there are a ton of crooks and slimeballs polluting this hobby. I bet they are laughing their heads off reading this thread.
Morning Bruce  thumbup

Stew
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Silhouette on November 10, 2013, 04:47:08 PM
Guys, please go out and do something else (like get laid)! You are both good guys, and there are a ton of crooks and slimeballs polluting this hobby. I bet they are laughing their heads off reading this thread.

Not sure, but did Bruce just tell those two to go get f*cked?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 10, 2013, 04:48:27 PM
Not sure, but did Bruce just tell those two to go get f*cked?

In the spirit of this argument - maybe he meant "layed"?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: stewart boyle on November 10, 2013, 04:57:09 PM
Not sure, but did Bruce just tell those two to go get f*cked?
You`re from the future ,you should know already. ;)

Stew
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Silhouette on November 10, 2013, 04:57:46 PM
In the spirit of this argument - maybe he meant "layed"?

Or if he did tell them to go get f*cked perhaps he just misspelled and meant 'get "layered'

 ;D
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 05:08:20 PM
Or if he did tell them to go get f*cked perhaps he just misspelled and meant 'get "layered'

 ;D

ROFL  ;D

Guys, please go out and do something else (like get laid)! You are both good guys, and there are a ton of crooks and slimeballs polluting this hobby. I bet they are laughing their heads off reading this thread.

Bruce best comment of the entire thread! And in spirit of such, I just did and feel like a new man. It's like one of those before and after Snickers commercials.

In the spirit of such I will offer this to Mel. Let's bury the hatchet. I will leave it alone and not say any more on the subject. I think my point has been made for good or bad too many times. I will not badger, badmouth or say anything else referring to this incident on the forum. I would ask you to do the same. I would also ask that you delete the screen grab of my corporations contact information and address from your website and ask the moderators to do the same from this thread. Though it is public information I feel that it is unwarranted to publish it like it is and have refrained from doing the same with Mels home address for the same reason. It would just be bad form.

With that I have nothing further to add unless pertinent to the original thread that was started here.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Bruce on November 10, 2013, 05:15:25 PM
You guys could all get jobs as comedy writers!

Mel, PLEASE consider just letting this go now, and lets move on to the next battle, like maybe discussing why eBay refuses to stop people from selling fakes on their site. Something that would save countless noobies tons of money (and keep them from getting run out of the hobby once they learn the sad truth).
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on November 10, 2013, 05:45:27 PM
I have edited some private information out of this thread.
I am astounded that Mel would post private info about a fellow member on this forum just because he is on the losing side of a copyright argument.
Bad form, counselor.
 nono



Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: stewart boyle on November 10, 2013, 05:48:20 PM
Good desicion for both parties Ted.

Stew
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 50s on November 10, 2013, 06:00:58 PM
Can a one post thread (presumably locked and pinned) be created by an admin in the APF Welcome/Join section that clearly states some of the rules?

Such as comment from Holiday buried away:

"Thierry and I have made clear - or at least we thought we did - that slurs, epithets, racist comments, hate mongering and the like WILL NOT BE FUCKING TOLERATED!"

But one comment I cant find but was said was that personally identifiable information is not to be posted

 
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 06:03:17 PM
I have edited some private information out of this thread.

Thank you, this is greatly appreciated.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on November 10, 2013, 06:12:34 PM
Can a one post thread (presumably locked and pinned) be created by an admin in the APF Welcome/Join section that clearly states some of the rules?

Such as comment from Holiday buried away:

"Thierry and I have made clear - or at least we thought we did - that slurs, epithets, racist comments, hate mongering and the like WILL NOT BE FUCKING TOLERATED!"

But one comment I cant find but was said was that personally identifiable information is not to be posted

 

Yes, these need to be re-posted and enforced.
I'll leave the re-posting to them and I will focus on the enforcement.

The 'personally identifiable info' you mention was in response to members posting PMs (personal messages) that were not meant to go public.  That doesn't excuse Mel's post.  That was not good.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 10, 2013, 07:40:13 PM
Yes, these need to be re-posted and enforced.
I'll leave the re-posting to them and I will focus on the enforcement.

The 'personally identifiable info' you mention was in response to members posting PMs (personal messages) that were not meant to go public.  That doesn't excuse Mel's post.  That was not good.


So it's perfectly OK to call somebody a criminal multiple times for posting a public domain image to entertain forum members but God forbid if you post public information that anyone can look up on whois.com?  Very logical, Ted.

And by the way Mike, don't you know that MoviePosterDB has downloaded virtually every "protected" Heritage image and sells them FOR PROFIT? Get your priorities straight.

Posterguide.org also has virtually every "protected" Heritage image.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on November 10, 2013, 07:49:04 PM
So it's perfectly OK to call somebody a criminal multiple times for posting a public domain image to entertain forum members but God forbid if you post public information that anyone can look up on whois.com?  Very logical, Ted.

Are you serious, Mel?
If people want to look up information on a person, let them go for it.
But to post it here without their prior approval is wrong.
Dead wrong.
I'm sure that Holiday and T would agree with me.



Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 10, 2013, 07:51:24 PM
Are you serious, Mel?
If people want to look up information on a person, let them go for it.
But to post it here without their prior approval is wrong.
Dead wrong.
I'm sure that Holiday and T would agree with me.


But you avoided the question.  Is it perfectly OK to call somebody a criminal without consequences here?

Is Mel a great guy? I have no doubt he is in most respects and believe that this issue no withstanding would get along with him just fine but not on this particular one and am sorry that some people feel that it is a crusade against him. It is not. For me it is about laws that have been broken intentionally and incorrect use of the reading and intent of certain laws used to make it look OK which may make others think it is legal when it is not. Is Mel a criminal, in this particular case my personal opinion is a crime has been committed but I am not an attorney and it is for a court to decide which I am sure will not and hope for his sake never happens.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on November 10, 2013, 08:06:14 PM
Look Mel, I like you.
I think you've got your heart in the right place.
But sometimes you can be a real dickhead.

You are the master of avoiding answering specific questions.
But, in this case, I will answer you directly.

No, I do not think it is OK to call someone a "criminal" on a public forum.
And I don't believe Mike has called you that.
He asked you a question and you avoided the answer.  Repeatedly.

But, regardless, how the fuck does that exonerate you from calling him a 'troll" (which he obviously is not) and then posting personal contact info about him?
What is the adult rationale behind that behavior?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 08:22:24 PM
 >:( 1, 2, 3, 4, 5,.... 98, 99, 100

I tried, I really did. Mel it is this simple, answer the red questions or do as I offered... LET IT GO!!!

I wish you all the best and have a wonderful life.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 10, 2013, 08:42:54 PM
Look Mel, I like you.
I think you've got your heart in the right place.
But sometimes you can be a real dickhead.


Don't you mean "five star" dickhead?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on November 10, 2013, 08:45:06 PM
 laugh1
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 50s on November 10, 2013, 09:10:51 PM
The craziness began when Undead's avatar changed to double full moon... Can you change your avatar to a waterfall. Thank you.


  
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 10, 2013, 09:36:53 PM
Posterguide.org also has virtually every "protected" Heritage image.

Posterguide.org does at least have an acknowledgement area (the lack thereof being a major part of the initial argument in question).  Is it sufficient?  Well everyone can keep debating...

http://www.posterguide.org/thanks.php

http://www.posterguide.org/statistics.php
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 10, 2013, 09:38:47 PM
I also believe each individual poster photo posted on Posterguide.org has its source noted (i.e. Heritage/eMovie/etc)  
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 09:49:53 PM
The craziness began when Undead's avatar changed to double full moon... Can you change your avatar to a waterfall. Thank you.

How's that, the Great Patterson Falls. Keep one thing in mind if visiting Patterson here in NJ. The river did once catch fire. Just an FYI.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Zorba on November 10, 2013, 09:55:42 PM
(http://shedexpedition.com/wp-content/uploads/2012/06/niagara3.jpg)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Undead on November 10, 2013, 09:56:28 PM
Now I need to pee.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Zorba on November 10, 2013, 10:00:16 PM
Now I need to pee.

Fair is fair!  ;)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 10, 2013, 10:24:51 PM
Guys, please go out and do something else (like get laid)! You are both good guys, and there are a ton of crooks and slimeballs polluting this hobby. I bet they are laughing their heads off reading this thread.

I tried.  I just can't deal with online dating anymore - 15 girls in 15 weeks.  Too easy to meet them, too easy to let them go (and vise-versa of course). Gotta find one in "real" life. Plus my poster crack habit spending has returned with a vengeance - $5,000 in the last 30 days (including a big chunk to you - thanks a lot!) - with no end in sight, no escape pod  :-[
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Mirosae on November 10, 2013, 10:37:09 PM
(http://shedexpedition.com/wp-content/uploads/2012/06/niagara3.jpg)


Ohhhhhhhhh ohhhhhhhh ohhhhhhhh
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Zorba on November 10, 2013, 10:50:56 PM
 woohoo
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 10, 2013, 10:56:38 PM
I tried.  I just can't deal with online dating anymore - 15 girls in 15 weeks.  Too easy to meet them, too easy to let them go (and vise-versa of course). Gotta find one in "real" life. Plus my poster crack habit spending has returned with a vengeance - $5,000 in the last 30 days (including a big chunk to you - thanks a lot!) - with no end in sight, no escape pod  :-[

For $5,000 you could get quite the escort
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Silence on November 10, 2013, 11:00:12 PM
several all at the same time.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: AdamCarterJones on November 10, 2013, 11:02:37 PM
Boys, your faux-enlightened legal analysis and complaints are simultaneously amusing and tiresome.  You've gone on and on about various subjects but we're only talking about photographs of movie posters.  For legal purposes, they are considered "slavish" copies of pre-existing creative works and do not enjoy any independent copyright protection.  The plaintiff in Bridgeman made the same losing arguments you're making. (http://www.law.cornell.edu/copyright/cases/36_FSupp2d_191.htm)

Mike, who are you anyway? Wow, you are a tiresome troll. Have you ever contributed anything to this forum or do you just come here to launch "digital piracy" crusades?

And of course the legal “help” from Adam is hilarious. This is the guy whose “nonprofit” website (BondPosters.com) is infested with advertising and promotes gambling websites. (The front page states: “We recommend visiting SpinPalace.co.uk whose poker games should help brush up your casino knowledge to hopefully defeat the budding Goldfinger's and Le Chiffre's of today.”) I can't imagine that Danjaq LLC – the copyright owner of all James Bond posters (https://www.facebook.com/pages/Danjaq-LLC/103813863018899) – would knowingly tolerate that abuse of its intellectual property.

But notwithstanding the foregoing please feel free to complain to Heritage and/or Poster Mountain that I am "stealing" from them and/or being un“fare” by posting some of their digital reproduction images on this forum to amuse and entertain my fellow poster nerds. That is a terrible crime indeed.  Or perhaps not.  Of course, aside from the ridiculousness of such complaints, I should mention that I have paid Heritage and its consignors $14,912 and Poster Mountain more than $1,000 for their wares and services, so your complaints may fall on deaf ears. Too bad, so sad.

WOW! ...Like, seriously, WOW!  jawdrop
This guy never ceases to amaze me.

Jees, I'm not a lawyer, however, I and the majority of people understand certain areas of copyright law.
As a lawyer himself, he doesn't seem to understand much but in saying that he doesn't specialise in copyright law so I suppose we have to let him off.
...Actually no, as a lawyer, HE SHOULD KNOW BETTER!

If a poster itself has been worked on or the image of the poster has been worked on in order to enhance the aesthetics of it, it then effectively has copyright protection.
Yes, he is quite right - SOME photographs CAN be deemed slavish copies but others are NOT slavish copies, much like many of those he uses on his website etc.

I'm amazed that he called Mike a troll for asking him genuine questions.
And then questioning him on his contribution to this forum.
Mel sadly is, in the simplest of terms, A HYPOCRITICAL BULLY.

Oh, that's right - Mel attacking my website yet again to aid him in his crusade because he doesn't like my comments in backing up Mike  rofl1
So Mel does not understand what a non-profit organisation is. Well it is something which makes no profit...and that means any money that goes into the organisation gets put straight back into it. Oh, what Mel doesn't know is priceless. Using sly tactics to attack me again is very silly and pointless, but the fact remains the website is a non-profit cause. I don't make ANY money from the website. Not that I need to explain myself, but what I do receive goes into the maintenance and promotion of the website (actually it doesn't even get anywhere near the promotional finances!). There is a lot of behind-the-scenes work going on at the moment and if I was to make ANY profit whatsoever my website would then REALLY have to be infested with ads (he makes my website sound like eBay!) and it making a small fortune, but even then it would still be non-profit as the money would be pumped straight back in to the site sm1

Why would Mel mention how much he has spent with Heritage and Poster Mountain?
Spending money does not give him the right to do what he does.


I've simply skimmed through the gibberish that Mike and his pals wrote.  Suffice it to say that I think we can all agree that we're right and everybody else is wrong and/or diabolically evil. It's too bad Mike (is that you NickLowe?) and Adam don't do anything on this forum other than start fights.  Jeff really does nothing other than praise others' contributions.  We can only hope they actually contribute something positive and original someday.

I will continue to post images of movie posters generally without crediting intermediary sources on this forum for the reasons I've stated and the authorities I've cited. If you think I've committed a crime and/or been un"fare," please call the FBI, the MPAA, the National Enquirer, or sue me. Whatev:

It doesn't surprise me that Mel openly admits he skimmed through the comments (with more attacks).
It goes to show he hasn't got the jewels to stand up and be counted and actually answer people properly for once without attacking them. He talks like he is some God-like authority here; who's he kidding!?
I am honestly fascinated with how he STILL acts this way; it's bizarre to say the least.

He should credit all his sources instead of making the images look like his own.
This is false advertisement of his website, if I was to be really picky  ;D


However, this is verging on harassment and I've reported it to the forum owners for appropriate action.

Is he for real!? Harassment!?  laugh1
He is the BIGGEST culprit of all on this forum!
He attacks and bullies people a heck of a lot here and yet when somebody questions him he runs to the head master and deputy head!
Classic bully. What a joke! puke


Thanks, just wanted some more info about you. [This area is where Mel had a link to Undead's personal information] Can I use this address for service of process in case we have to go to court to resolve our little spat?

Wow. Threatening Mike with court. Who would have thought that!?
Very novel and a sad scare tactic from a grade A bully.


We shall see. Not too cool to call someone a criminal for posting an image on a just-for-fun forum like this.  It's also defamation with presumed damages. By the way, here's the original post showing a public domain image that you've identified as "criminal activity."  As you can see, to the extent it's relevant, I clearly identified Poster Mountain as the source.

I don't believe Mike ever called Mel a criminal.
I love it how he always twists other peoples words.

And to have the audacity of accusing Mike of defamation - again...  laugh1
Is he for real!? I mean, again, HYPOCRITE OR WHAT!?  eyeroll


Now Steve, Chris and Ari and the old NS4 gang will remember my old pal Nick Lowe, who made similar charges of "plagiarism" against me back in the day:

"Nick Lowe" also had very odd problems with the English language, just like "Mike" can't seem to spell "fare" right.

Now Ari, do pray tell if Nick's posts originated from New Jersey? You refused to tell me the IP address of "Nick Lowe," even though you knew the answer:

The post Mel links to was from almost three years ago, hardly back in the day.
You see, back then he pissed people off and he still doesn't realise that he pisses people off today; even people who do not post on these forums. Now that's a sign of a good "pisser offer"!  ;)
Mel as we all know can dish it out but can he hell take it, and yet he still attacks Mike, focusing on something that was a simple error that anyone could have made (apart from him of course).

Ari would of course know the IP address of Nick Lowe, and rightly so that he refused to tell Mel what it was.
Why on earth would a forum owner give out IP address information to anyone let alone to Mel? This is private information and as a lawyer Mel should know better than to demand this information. Sure, Mel could probably wrangle his way into getting some form of warrant executed on his behalf, but he isn't the law - I never knew he demanded this information!  nono


In the spirit of such I will offer this to Mel. Let's bury the hatchet. I will leave it alone and not say any more on the subject. I think my point has been made for good or bad too many times. I will not badger, badmouth or say anything else referring to this incident on the forum. I would ask you to do the same. I would also ask that you delete the screen grab of my corporations contact information and address from your website and ask the moderators to do the same from this thread. Though it is public information I feel that it is unwarranted to publish it like it is and have refrained from doing the same with Mels home address for the same reason. It would just be bad form.

Some advice, Mike:

Mel will NEVER bury the hatchet with anyone he has had a feud with (even when he knows he is in the wrong) especially with someone who has disagreed with him. He bears a grudge I cannot liken to anyone else. Mel also NEVER apologises to anyone. You see, when he thinks he is right we, the majority, are always wrong no matter what the truth is. The truth does hurt him.

I find it truly ASTONISHING what Mel did with your details.
He cried his little heart out when I mentioned just his name in my signature a while ago when I was subject to his wrath (it was something I acknowledged I should not have done) but then he goes and publishes SOMEONE ELSE'S contact information like that! What a numpty!  hitself Proves he believes he is above everyone else here. I guarantee that if someone posted HIS contact information he would reply with a load of legal threats as per and scurry away to Thierry and Holiday again like a school kid. I wonder how many people (on and off the forums) have all HIS personal information ready for when he ACTUALLY goes through with his legal threats, which are all a complete joke as he is the biggest culprit of all.

What he needs to understand is that the way he is upsets a lot of people.

Can a one post thread (presumably locked and pinned) be created by an admin in the APF Welcome/Join section that clearly states some of the rules?

Such as comment from Holiday buried away:

"Thierry and I have made clear - or at least we thought we did - that slurs, epithets, racist comments, hate mongering and the like WILL NOT BE FUCKING TOLERATED!"

But one comment I cant find but was said was that personally identifiable information is not to be posted.

The prohibiting of posting personally identifiable information is a rule in the SMF forum pack rules and guidelines that Thierry and Holiday will have received when they set up this forum. But they have both said this place has no rules and as far as I am aware, have not once upheld those rules (or if they have I do not know about it). If they had upheld those rules, Mel would have presumably been banned LONG AGO and quite rightly so.

So it's perfectly OK to call somebody a criminal multiple times for posting a public domain image to entertain forum members but God forbid if you post public information that anyone can look up on whois.com?  Very logical, Ted.

And by the way Mike, don't you know that MoviePosterDB has downloaded virtually every "protected" Heritage image and sells them FOR PROFIT? Get your priorities straight.

Posterguide.org also has virtually every "protected" Heritage image.

Again, Mike did not call Mel a criminal.

I'm amazed Mel thinks it is OK to post somebody else's contact information without their consent and then try to make Ted sound like he is wrong for sounding him out about it.
What a hypocrite - Mel's full name is publicly available if you do a search, but it is wrong to mention that  :o

Mel used to openly support MoviePosterDB (everyone should know they are a dodgy website; stealing artists work on many occasion and the like which is publicly available information), so why is he trying to divert people's attentions to that place? Why should Mike's priorities be that website? He was asking Mel a number of questions. Trying to get answers from an individual is far easier than doing the same with a company, so he does have his priorities right.


But you avoided the question.  Is it perfectly OK to call somebody a criminal without consequences here?

Is Mel a great guy? I have no doubt he is in most respects and believe that this issue no withstanding would get along with him just fine but not on this particular one and am sorry that some people feel that it is a crusade against him. It is not. For me it is about laws that have been broken intentionally and incorrect use of the reading and intent of certain laws used to make it look OK which may make others think it is legal when it is not. Is Mel a criminal, in this particular case my personal opinion is a crime has been committed but I am not an attorney and it is for a court to decide which I am sure will not and hope for his sake never happens.

Is he for real!?
HE AVOIDED the questions posed by Mike and still has NOT answered them  hitself
Instead of answering Mike's questions and other people's comments, all he does is reply with a load of digressed  blahblah


Look Mel, I like you.
I think you've got your heart in the right place.
But sometimes you can be a real dickhead.

You are the master of avoiding answering specific questions.
But, in this case, I will answer you directly.

No, I do not think it is OK to call someone a "criminal" on a public forum.
And I don't believe Mike has called you that.
He asked you a question and you avoided the answer. Repeatedly.

But, regardless, how the fuck does that exonerate you from calling him a 'troll" (which he obviously is not) and then posting personal contact info about him?
What is the adult rationale behind that behavior?

Well said, Ted.
What was his response? A half-arsed quip at something you said about him.
STILL no answers or anything that show he has a conscience.

I find it astonishing some people here actually defend Mel's actions at times.
The day he does get a woman will be the day all this shit ends as he will see the light.  happy1
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: AdamCarterJones on November 10, 2013, 11:04:47 PM
And on that note, my piece has been said and I will stay away from this ridiculous confrontation; yet another that concerns Mel and a decent member of this forum  cheers
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 50s on November 10, 2013, 11:08:52 PM
^^^ Now that you read the above longest post eva, because it will be tomorrow, my below reference is long forgotten




I just can't deal with online dating anymore - 15 girls in 15 weeks.  Too easy to meet them

You need to put on your profile that you are a poster addict and you are a expert on ET movie posters. That should slow the floodgate somewhat

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 10, 2013, 11:17:58 PM
^^^ Now that you read the above longest post eva, because it will be tomorrow, my below reference is long forgotten




You need to put on your profile that you are a poster addict and you are a expert on ET movie posters. That should slow the floodgate somewhat



 ;D ;D
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 110x75 on November 11, 2013, 12:03:47 AM
Now Steve, Chris and Ari and the old NS4 gang will remember my old pal Nick Lowe, who made similar charges of "plagiarism" against me back in the day:


Those bastards are not very cooperative...
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Silhouette on November 11, 2013, 12:16:25 AM
Oh how I miss the good old days when no one got up anyone else's nose and all the other members were just a friendly nickname from a far off land with a wondrous avatar. Ahh yes I remember it well...those few moments right before one's membership was confirmed and we ran headlong like Chicken Little into this place...

*sigh* ...memories  :P
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Zorba on November 11, 2013, 12:18:46 AM
Those bastards are not very cooperative...

I do agree they are bastards but in my case at least they do seem to cooperate   8)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Zorba on November 11, 2013, 12:20:36 AM


*sigh* ...memories  :P

 ;D
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Charlie on November 11, 2013, 12:26:47 AM
 hitself

So Drew Brees got me 35 Fantasy Points tonight...  woohoo
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Zorba on November 11, 2013, 12:31:14 AM
hitself

So Drew Brees got me 35 Fantasy Points tonight...  woohoo

Good for you Charlie!

I hate the Cowboys.  ;D
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Charlie on November 11, 2013, 12:34:57 AM
Good for you Charlie!

I hate the Cowboys.  ;D

My dad was not happy.  I told him about two years ago that I couldn't be a Cowboys fan again until they got rid of Tony Romo...  Else, I am one of those legacy fans... Dad, his dad, etc...  Staubach Jersey pics from childhood etc...
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Dread_Pirate_Mel on November 11, 2013, 10:12:20 AM
Does anybody ever actually read Adam's posts? I just skimmed it and it appeared to be the same anti-Mel gibberish he has posted a few hundred times before, with some comical amateur legal analysis thrown in as a bonus. Virtually every thread on this forum is now thoroughly infested with Adam's rants about me.  One day I'll have to publish them on Freakipedia.com. It's simply astounding - and frankly disturbing - that he continues to hang around these forums for the primary purpose of publishing bizarre encyclopedic posts about me.  Really, who is this guy? What does he do for a living? Why would somebody who doesn't even collect posters (or at least non-Bond posters) hang around here?

BTW Posternirvana.com is down for now, so the site and all the 3,333 (!) images I hosted there are down for a while.  I gotta rebuild it because it's outdated now that I've consigned half my posters and it's too much work to maintain in iWeb and Aperture.  (I have to manually upload new HTML pages for every update.) I may just close it permanently and host everything on Flickr.  MPC is still up and will stay up but I need to rebuild it in something other than iWeb.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Mirosae on November 11, 2013, 12:30:16 PM
There are ONLY 43 days, 6 hours, 30mn and 2 seconds until XMAS


Kindoff fits here in this lovezly zread....
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: holiday on November 11, 2013, 01:49:50 PM
Folks, where else can you get this kind of entertainment for free?!

By the way, Brude is a mod because we trust him.  Whatever he says or does is fully supported by Thierry and I. 

What I find most numerous is that the ones bitching today about being a victim will be the very ones doing the victimizing tomorrow.

We are all hypocrites of one form or another.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: stewart boyle on November 11, 2013, 04:50:05 PM

By the way, Brude is a mod because we trust him.  Whatever he says or does is fully supported by Thierry and I. 

Brude just appointed me Global status.Yes!.who`s got bubblegum?

Stew


Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: eatbrie on November 11, 2013, 04:54:21 PM
By the way, Brude is a mod because we trust him.  Whatever he says or does is fully supported by Thierry and I. 

Except when he talks Politics.  Then all hell breaks loose.

T
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on November 11, 2013, 07:55:12 PM
 ;D
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 50s on November 11, 2013, 08:18:18 PM
Now I need to pee.

thumbup Hopefully the waterfall avatar calms the thread down (although it has been lots of fun!)

 
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Neo on November 12, 2013, 03:39:12 AM

Mel will NEVER bury the hatchet with anyone he has had a feud with


Adam, that entire play by play novel is truly incredible.  Maybe it's time you bury the hatchet with Mel.


There are ONLY 43 days, 6 hours, 30mn and 2 seconds until XMAS


About time for the Christmas spirit.

 cheers
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Silhouette on November 12, 2013, 03:44:54 AM

About time for the Christmas spirit.


(https://i.chzbgr.com/maxW500/6879049216/hE716374E/)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Neo on November 12, 2013, 04:04:17 AM
This is the Christmas spirit:  8)

(http://i766.photobucket.com/albums/xx303/NeoLoco80/Posters/seaworld-christmas-sesame-street_zpsee2384f2.jpg) (http://s766.photobucket.com/user/NeoLoco80/media/Posters/seaworld-christmas-sesame-street_zpsee2384f2.jpg.html)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 110x75 on November 12, 2013, 06:40:53 AM
(https://i.chzbgr.com/maxW500/6879049216/hE716374E/)

 ;D ;D ;D
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Ari on November 12, 2013, 07:23:42 AM
Mel Really?

You think Ari is going to post info like that here?

Stew

Of course I wouldn't give Mel or anyone else these details. I believe that my members trust me to keep any extra info I may or may not have being the forum owner to myself. I usually don't even look myself, seems it's none of my business but certainly none of Mels, or anyone else who asks.

I think from memory Mel was the only person to ask, but maybe I forget others.

As for the above discussion.

Cripes.





Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 110x75 on November 12, 2013, 07:48:10 AM
Of course I wouldn't give Mel or anyone else these details.


Really? I remember you telling me about a member who likes to dress in drag and take a lot of drugs...
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 12, 2013, 10:08:33 AM
Really? I remember you telling me about a member who likes to dress in drag and take a lot of drugs...

Well it's OK when he's speaking about himself
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 110x75 on November 12, 2013, 10:25:10 AM
Well it's OK when he's speaking about himself

 ;D
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: AdamCarterJones on November 12, 2013, 11:01:12 AM
After my essay lol, some things really don't surprise me.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: stewart boyle on November 12, 2013, 03:55:56 PM
Mel is just pushing your buttons Adam with the skimming over comment..move on mate..

Stew
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: AdamCarterJones on November 12, 2013, 04:36:00 PM
My last post was very quick as I was off out, so here's a better reply.

I had another essay lined up, believe it or not ;D with some genuine, sound advice but then I thought "No! God damn it, no!" moron1

Look guys, I did bury the hatchet with Mel - this is about Mike and his questions and Mel's complete disrespect towards him and others. What really knarks me, and why I backed up Mike considerably and reacted heavily, is because Mel avoids people's genuine questions and generally abuses and bullies others and anyone who disagrees with, and pulls him up on, something... and then acts the complete victim as if he has and does no wrong when he is without doubt the biggest culprit of abusing others on this forum in any way, from defaming a member to personally attacking them along with the bullying :-\

If Mel actually realised what he has done, and still does, is sometimes very wrong, not just to me but to others too, acknowledged it and apologised to a few of us, I would shake his hand (in the virtual sense).

Thierry and Holiday - you both should think about applying the rules Steve pointed out and actually warn Mel of his behaviour towards many of us and potential new members. How many times will you let him get away with it? The joke is on you in the end because he really does give this place a bad name.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: stewart boyle on November 12, 2013, 04:57:10 PM
It`s obvious to everybody else here that both of you will never find a middle ground.
Are you"playing" Mel at his own game ?
That`s a strategy that every body else will get bored of..
Mel`s attempt at re-direction on to you is also very tiresome.
Grow the fuck up both of you.
Ignore each other for the sake of the rest of us.

Stew
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: AdamCarterJones on November 12, 2013, 05:34:32 PM
Stew, come on mate.
Don't be talking like that about me.

I'm a very mature and tolerant person, and I do not play anyone.
If I or anyone else played Mel at his own game, don't you think we would have posted images of his website and comments he has made from this forum to the next and so on and so forth along with targeted, untrue vicious attacks and slander? Granted, Mike linked to his website once I think, but that was it.

Anyway, this is about Mel and Mike for God sake lol and because I replied it turned onto me which is ridiculous - and I bet Mel is loving it.

Look, I know I could find a middle ground with Mel; I've said this many times. I am sure others who have experienced similar with him would say the same - the problem is Mel does not want to find that middle ground with any of us who he has targeted.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 12, 2013, 06:00:38 PM
bury the hatchet

phrase of bury

    1.
    end a quarrel or conflict and become friendly.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: AdamCarterJones on November 12, 2013, 06:12:27 PM
bury the hatchet

phrase of bury

    1.
    end a quarrel or conflict and become friendly.

One has tried to on so many occasions and I have almost always tried to be friendly about it like others have been too.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: holiday on November 12, 2013, 07:55:05 PM
Really? I remember you telling me about a member who likes to dress in drag and take a lot of drugs...

It doesn't count when Ari is talking about himself.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 12, 2013, 10:56:51 PM
It doesn't count when Ari is talking about himself.

Holiday - thanks for reiterating exactly what I said ;)

Looking into postage costs to Oz on a nice sun dress
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: rdavey26 on November 13, 2013, 12:18:29 AM
(http://i54.photobucket.com/albums/g84/harobed216/Movies/Stills/Rocky%20Horror%20Picture%20Show/rocky-horror-picture-show-01.jpg)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 13, 2013, 12:28:30 AM
Curry has too much of an arse to play the arseless wonderman
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Ari on November 13, 2013, 12:49:48 AM
Now I am offended and may sue or is sew or oh shit I forget is it sue

(http://i1352.photobucket.com/albums/q654/Offal_Eaters/image_zpsa5e57817.jpg) (http://s1352.photobucket.com/user/Offal_Eaters/media/image_zpsa5e57817.jpg.html)

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Ari on November 13, 2013, 01:12:00 AM
Oh also, Adam suggests the forum hosts warn Mel about his behaviour.
I don't think this is nescessary, Mel is big enough and I assume smart enough to know what he is doing.


Anyway back to me in drag, look at my legs!


(http://i1352.photobucket.com/albums/q654/Offal_Eaters/image_zpsa7e9fb01.jpg) (http://s1352.photobucket.com/user/Offal_Eaters/media/image_zpsa7e9fb01.jpg.html)

Ps I don't even like top gun.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 50s on November 13, 2013, 01:51:47 AM
Yes, you do have great legs Ari, stockings really work for you.

I see you love your bin and camouflage it hoping no one nicks it. Yes, that was back in the day when people loved their bins




Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Ari on November 13, 2013, 02:07:48 AM
A few things of note,

GLASS coke bottles,

See the mattress on the floor of the garage?......

Yes that was my bed, my soon to be wife and I lived in this garage when we first got together, I guess it was our honeymoon suite.

At the time we had.
Bed bugs (man they suck bad)
Headlice,
Scabies,
Fleas,

And yet.... Some of the happiest moments of my life.


If Mel said that about me, I'd SUE!





Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: CSM on November 13, 2013, 10:39:59 AM
Ps I don't even like top gun.

 ;D ;D
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 110x75 on November 13, 2013, 10:46:31 AM
oh shit I forget is it sue

(http://i1352.photobucket.com/albums/q654/Offal_Eaters/image_zpsa5e57817.jpg) (http://s1352.photobucket.com/user/Offal_Eaters/media/image_zpsa5e57817.jpg.html)



Sue was your name when in drag?

Nice legs by the way...  :-*
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Charlie on November 13, 2013, 11:13:54 AM
WOW! ...Like, seriously, WOW!  jawdrop
This guy never ceases to amaze me.

Jees, I'm not a lawyer, however, I and the majority of people understand certain areas of copyright law.
As a lawyer himself, he doesn't seem to understand much but in saying that he doesn't specialise in copyright law so I suppose we have to let him off.
...Actually no, as a lawyer, HE SHOULD KNOW BETTER!

If a poster itself has been worked on or the image of the poster has been worked on in order to enhance the aesthetics of it, it then effectively has copyright protection.
Yes, he is quite right - SOME photographs CAN be deemed slavish copies but others are NOT slavish copies, much like many of those he uses on his website etc.

I'm amazed that he called Mike a troll for asking him genuine questions.
And then questioning him on his contribution to this forum.
Mel sadly is, in the simplest of terms, A HYPOCRITICAL BULLY.

Oh, that's right - Mel attacking my website yet again to aid him in his crusade because he doesn't like my comments in backing up Mike  rofl1
So Mel does not understand what a non-profit organisation is. Well it is something which makes no profit...and that means any money that goes into the organisation gets put straight back into it. Oh, what Mel doesn't know is priceless. Using sly tactics to attack me again is very silly and pointless, but the fact remains the website is a non-profit cause. I don't make ANY money from the website. Not that I need to explain myself, but what I do receive goes into the maintenance and promotion of the website (actually it doesn't even get anywhere near the promotional finances!). There is a lot of behind-the-scenes work going on at the moment and if I was to make ANY profit whatsoever my website would then REALLY have to be infested with ads (he makes my website sound like eBay!) and it making a small fortune, but even then it would still be non-profit as the money would be pumped straight back in to the site sm1

Why would Mel mention how much he has spent with Heritage and Poster Mountain?
Spending money does not give him the right to do what he does.


It doesn't surprise me that Mel openly admits he skimmed through the comments (with more attacks).
It goes to show he hasn't got the jewels to stand up and be counted and actually answer people properly for once without attacking them. He talks like he is some God-like authority here; who's he kidding!?
I am honestly fascinated with how he STILL acts this way; it's bizarre to say the least.

He should credit all his sources instead of making the images look like his own.
This is false advertisement of his website, if I was to be really picky  ;D


Is he for real!? Harassment!?  laugh1
He is the BIGGEST culprit of all on this forum!
He attacks and bullies people a heck of a lot here and yet when somebody questions him he runs to the head master and deputy head!
Classic bully. What a joke! puke


Wow. Threatening Mike with court. Who would have thought that!?
Very novel and a sad scare tactic from a grade A bully.


I don't believe Mike ever called Mel a criminal.
I love it how he always twists other peoples words.

And to have the audacity of accusing Mike of defamation - again...  laugh1
Is he for real!? I mean, again, HYPOCRITE OR WHAT!?  eyeroll


The post Mel links to was from almost three years ago, hardly back in the day.
You see, back then he pissed people off and he still doesn't realise that he pisses people off today; even people who do not post on these forums. Now that's a sign of a good "pisser offer"!  ;)
Mel as we all know can dish it out but can he hell take it, and yet he still attacks Mike, focusing on something that was a simple error that anyone could have made (apart from him of course).

Ari would of course know the IP address of Nick Lowe, and rightly so that he refused to tell Mel what it was.
Why on earth would a forum owner give out IP address information to anyone let alone to Mel? This is private information and as a lawyer Mel should know better than to demand this information. Sure, Mel could probably wrangle his way into getting some form of warrant executed on his behalf, but he isn't the law - I never knew he demanded this information!  nono


Some advice, Mike:

Mel will NEVER bury the hatchet with anyone he has had a feud with (even when he knows he is in the wrong) especially with someone who has disagreed with him. He bears a grudge I cannot liken to anyone else. Mel also NEVER apologises to anyone. You see, when he thinks he is right we, the majority, are always wrong no matter what the truth is. The truth does hurt him.

I find it truly ASTONISHING what Mel did with your details.
He cried his little heart out when I mentioned just his name in my signature a while ago when I was subject to his wrath (it was something I acknowledged I should not have done) but then he goes and publishes SOMEONE ELSE'S contact information like that! What a numpty!  hitself Proves he believes he is above everyone else here. I guarantee that if someone posted HIS contact information he would reply with a load of legal threats as per and scurry away to Thierry and Holiday again like a school kid. I wonder how many people (on and off the forums) have all HIS personal information ready for when he ACTUALLY goes through with his legal threats, which are all a complete joke as he is the biggest culprit of all.

What he needs to understand is that the way he is upsets a lot of people.

The prohibiting of posting personally identifiable information is a rule in the SMF forum pack rules and guidelines that Thierry and Holiday will have received when they set up this forum. But they have both said this place has no rules and as far as I am aware, have not once upheld those rules (or if they have I do not know about it). If they had upheld those rules, Mel would have presumably been banned LONG AGO and quite rightly so.

Again, Mike did not call Mel a criminal.

I'm amazed Mel thinks it is OK to post somebody else's contact information without their consent and then try to make Ted sound like he is wrong for sounding him out about it.
What a hypocrite - Mel's full name is publicly available if you do a search, but it is wrong to mention that  :o

Mel used to openly support MoviePosterDB (everyone should know they are a dodgy website; stealing artists work on many occasion and the like which is publicly available information), so why is he trying to divert people's attentions to that place? Why should Mike's priorities be that website? He was asking Mel a number of questions. Trying to get answers from an individual is far easier than doing the same with a company, so he does have his priorities right.


Is he for real!?
HE AVOIDED the questions posed by Mike and still has NOT answered them  hitself
Instead of answering Mike's questions and other people's comments, all he does is reply with a load of digressed  blahblah


Well said, Ted.
What was his response? A half-arsed quip at something you said about him.
STILL no answers or anything that show he has a conscience.

I find it astonishing some people here actually defend Mel's actions at times.
The day he does get a woman will be the day all this shit ends as he will see the light.  happy1



(http://weknowgifs.com/wp-content/uploads/2013/08/didnt-read-lol-gif-5.gif)
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: 50s on November 13, 2013, 04:57:13 PM
Now I am offended and may sue or is sew or oh shit I forget is it sue

(http://i1352.photobucket.com/albums/q654/Offal_Eaters/image_zpsa5e57817.jpg) (http://s1352.photobucket.com/user/Offal_Eaters/media/image_zpsa5e57817.jpg.html)




That is a nice clean floor

Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on November 13, 2013, 06:51:46 PM
Hey, Ari!
You have a closeup on the figurine on the knick-knack shelf?
Still own it?
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Ari on November 13, 2013, 07:50:08 PM
No, wasn't mine, this was inside the house, I lived in the garage.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: erik1925 on November 13, 2013, 07:58:46 PM
Ari.. this has the makings of a great movie of the week..

A man, occasionally dressed in drag, with his wife, living and sleeping in the garage of a palatial, Australian estate.

And with the 2 camouflaged dust bins acting as entryways to your abode! 

I know I'd watch!!

 ;D


Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: AdamCarterJones on February 18, 2014, 01:19:38 PM
Someone mentioned this very topic to me today at Vectis of all places!
I mean, seriously, what the hell!? This crap gets everywhere!
laugh1
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: Ari on March 14, 2015, 01:18:58 AM
sort of slightly on topic, but here goes

http://www.daverapoza.blogspot.com.au/2015/03/the-strange-thing-about-art-theft.html
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: brude on March 18, 2015, 07:16:41 PM
Cool article.
Rapoza is a class act.
Title: Re: Copyright and "Fair Use" - Photolaw.net
Post by: guest4955 on June 03, 2017, 09:37:07 AM
I think HA has solved the problem by adding a "imaged by" addition to the image:

(http://i1320.photobucket.com/albums/u536/HereComesMongo1968/lf_zpsm20e0s89.jpeg) (http://s1320.photobucket.com/user/HereComesMongo1968/media/lf_zpsm20e0s89.jpeg.html)