Posts Tagged ‘laws’

The History of Copyright Law in the US

 

Ever wonder how and why copyright law came about? This interesting video will bring you up to speed. It’s pretty biased against certain aspects of copyright law, but is interesting nonetheless.

(via Reddit)

Can Monkeys Own Rights to Photos?

 

When we shared the story of how monkeys hijacked photographer David Slater’s camera and unwittingly snapped some self-portraits, we asked the question “doesn’t the monkey technically own the rights to the images?” Techdirt, a blog that often highlights copyright issues, went one step further and dedicated a whole post to that question.
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Baltimore Officers Make Up Laws and Detain Student for Photography

 

29-year-old student and avid photographer Christopher Fussell was taking photographs of trains at a Baltimore station back in March when he was confronted by Maryland Transit Administration (MTA) officers. He was able to record the conversation, which shows the officers having a complete lack of understanding of laws and photographers’ rights. Fussell writes,

I have no qualms with MTA Police inquiring what I’m doing, but the fact that they took it to the next level with so many lies, unreasonable detainment, denying my boarding of my train that caused me to be delayed and following me to delay me further; this whole episode of theirs was unprofessional and perhaps unconstitutional. I am posting this video in hopes to further strengthen photographer’s constitutional rights.

The story has since become a pretty big deal after the video went viral online, with the MTA admitting that the officer had incorrectly cited the Patriot Act and other laws. The American Civil Liberties Union has also sided with Fussell and may sue MTA over his detainment.

Photographers Raise Concern Over Polaroids on Sotheby’s Auction Block

 

We reported last month that the New York auction house, Sotheby’s will be facilitating the sale of more than 1,200 photos from the Polaroid company’s collection this June. The photos include images captured by legendary photographers and artists such as Ansel Adams and Andy Warhol. Sotheby’s estimates that the collection will raise some $7.5 million to $11.5 million, which will go towards paying for Polaroid’s Minnesota bankruptcy court.

Yet while Polaroid regains its financial footing, several featured photographers feel they are at a loss — if the photos change hands, they may lose their contractual rights.

According to the British Journal of Photography, some of the photographers are motioning for a re-hearing, hoping that the courts will reconsider selling the collection.

When the auction was first announced, photographer Chuck Close shared his disapproval in an interview with the New York Times that such a groundbreaking collection should go to the auction block:

“There’s really nothing like it in the history of photography.” But, he added, “to sell it is criminal.”

While the sale of these images is not technically illegal, the copyright laws are muddied in this situation. Typically, when a print is sold, the artist or photographer retains the copyright, along with the ability to reproduce his or her image. However, with these Polaroid images, the original image is unique.

Originally, when the artists gave the images to the Polaroid collection, their contracts granted them perpetual access to their work. But when the auction occurs, the contract will be nullified once the work is sold. Since the one of a kind images shot on instant film cannot be replicated, the artists require direct access to their work in order to license it.

In an interview with the British Journal of Photography, American critic Allan Coleman sums up the problem:

“Since they don’t have access, they can’t license the works. All they have is the copyright, which is meaningless now. I don’t think the court understood the unique nature of the collection.”

(via The British Journal of Photography)


Image Credits: 9-Part Self Portrait by Chuck Close and Farrah Fawcett by Andy Warhol, courtesy of Sotheby’s