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Warning! Beware of This: Houston University vs. Jim Olive (Photographer)

Michael Nagel

Well-known member
Copyright seems not to be the same right for everyone.

A photographer lost the legal battle resulting from the unauthorized use of one of his pictures by Houston University.

Backstory here and here (Houston Chronicle)

Michael
 

Asher Kelman

OPF Owner/Editor-in-Chief
I think that the solution is a “Go fund me” grass roots appeal and then a class action suit!

They need to collect about $250,000 and that would start the ball rolling!

Asher
 

Jerome Marot

Well-known member
Copyright seems not to be the same right for everyone.

Of course it isn't.

Copyright laws are relatively complex and foresee a wealth of exceptions, often for good reasons. I agree that in the present story the exceptions seem to lead to abuse by one of the parties, which is the subject of the article. The correct answer would then be to change the law. That, in turn, is subject to a complex process as laws are normally decided by an assembly of elected representatives, etc...

Laws are not designed to protect freelance photographers, they are designed under democratic control to allow a smooth functioning of society. That may require protecting freelance photographers... or not. That may require, for example, that universities get special privileges to fulfil their official mission... or not.
 

Michael Nagel

Well-known member
Laws are not designed to protect freelance photographers, they are designed under democratic control to allow a smooth functioning of society. That may require protecting freelance photographers... or not. That may require, for example, that universities get special privileges to fulfil their official mission... or not.
It could have been a case of fair use for the website only, but stripping off the credit line and providing a copy to a national magazine (for me this is re-licensing without consent) is one step to far for my taste,
 

Peter Dexter

Well-known member
I'm not sympathetic. If you put something up on a "free" internet it's going to be accessible and usable by anyone with internet connection via "copy and paste", "screen shot" or other. If you want full control over your work don't post it on the internet. Show it at an art gallery or other non digital venue.
 

Jerome Marot

Well-known member
It could have been a case of fair use for the website only, but stripping off the credit line and providing a copy to a national magazine (for me this is re-licensing without consent) is one step to far for my taste,

I am not arguing fair use and I certainly agree that what the Houston University is doing offends my sense of justice.
 

James Lemon

Well-known member
I am not arguing fair use and I certainly agree that what the Houston University is doing offends my sense of justice.

Fair use only applies to literature when quoting small portions. It would be difficult to quote a photograph. Copyright is the right to make a a copy. It is not complicated but I do know some very annoying lawyers that don't mind explaining it.
 

Jerome Marot

Well-known member
Fair use only applies to literature when quoting small portions. It would be difficult to quote a photograph. Copyright is the right to make a a copy. It is not complicated but I do know some very annoying lawyers that don't mind explaining it.

The article explains that the copyright appears valid but that the University claims immunity.
 
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