Digital BW, The Print

Austin Franklin wrote:

> Steve,
>
> And you base that on what?  As I said, it is EXACTLY the same as 
> owning a CD
> and making a tape from some of the songs on the CD.  Are you claiming that
> (making a copy of a CD to tape) is not legal...because it is, and the 
> courts
> have upheld it.
>
>
The courts have treated music and  imagery differently if you think 
about it superficially.  Yes, you can make a copy of  a recording you 
already own for personal use. With imagery you cannot automatically do 
so,  there are two differences upon which this is based:

1)    Fair use is based upon a common sense notion of the fact that with 
music you can only really enjoy a single copy of the music at any one 
time.  Twenty copies playing at once is possible but silly.  With 
images, that is not the case.  I could make a copy and place it on a 
billboard above my house and still enjoy the monograph.  Therefore, 
multiple copies with a single concurrent use is an unfruitful line of 
inquiry.

2)    Imagery and writing is licensed for "fair use" - basically uses an 
owner of the copyright could reasonably expect a buyer of a copy of the 
image might put it to.  In the preceding example, certainly, a prudent 
copyright owner would not expect my billboard.

I can license imagery for a client to use in in-house publications and 
resale is barred (even to sponsors of my client).

The PPA (httP;//www.ppa.com),  for example, engaged in a long series of 
battles with KMart and some other retailers over the automated Kodak 
kiosks..  Photographers when they shoot graduation photos license the 
individual image, they do not grant a license for reproduction 
(otherwise who would ever buy more than one image?).  Accordingly, those 
Kiosks are not supposed to be used to reproduce copyrighted imagery such 
as "senior" photos.  We all know they are though, as does KMart.  So, a 
deal was reached whereby KMart instructs  employees to oversee such 
copying as much as possible AND the PPA gets a few cents on EVERY image 
copied via the automated kiosks..  (Some interesting stuff can be found 
at:  http://www.ppa.com/public/articles/index.cfm?cat=75 )  Similarly, 
in the record and movie industries, money from each VHF tape and CD is 
set aside from tape and CD sales to re-imburse copyright holders for the 
estimated losses they incur from  reproductions of copyrighted materials.

Hope that makes it a bit clearer.

Keith