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  #11  
Old 12-04-2006
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hello sailer said:
Only thing I haven't found a good reference to, is US public copyrights. That is, works of the US government belong to "the people". So those of us who are citizens own (share) them and can use them freely. But I can't figure if that means a Brit or any other NON-citizen can use them without permission. The Copyright Office doesn't get that explicit on their web site.

You're right, the buildings belong to the people, but the designer, ie, building, statutes etc, is the property of the one who produced it, or the one who commissioned it, ( if done for consideration clause) and in the case of public property, there are strict guidelines to how it can be used but in general are very lax. and it doesn't make any difference if you're a Brit, git, or gummy. If I can find the right thread on another forum, I'll post it or send it to you.
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Old 12-04-2006
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Postscript.
REREAD:
In the case of the owner of the photograph itself, that is a different question. The copyright of the photo belongs to the taker of that picture.

Ansel Adams took a photo of the moon coming over half dome in yosemite, that same scene is photographed 1000's of times a year. In each of those cases the copyright belongs to the photographer taking the photo.

As stated, with identifing marks removed, and a caption of "............" whatever, the photo becomes "significantly changed from the original to represent a new work."

There's no weasel here, if there wasn't some gray area, there wouldn't be any new photographs published anywhere. Lets face it, How many photos of a Beneteau 39 are there, thousands, millions. I'm afraid we may be discouraging the person who started this thread from even advertising his chartering service with this nit picking of the copyright laws, which probably don't even apply anyway if he has a picture that he took of the boat.
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Old 12-04-2006
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Ian, by "works of the Government" here I meant artistic works, copyrightable works, not "public works" as in buildings. If you find any reference on the former, I'd love to see it. But on the latter...No, I'm not concerned with whether aliens buy or visit our public works.
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Old 12-05-2006
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Chriskef, and hellosailor

here's a link that goes directly to the copyright office (US) FAQ's hope it helps:
http://www.copyright.gov/help/faq/
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Old 12-05-2006
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Quote:
Originally Posted by chriskef
Hi
I noticed alot of companies using standard Beneteau photos on their sites and wonder if they had to get permission to use them.
Chris
Thread drift

Permission to use add copy may be as simple as a written request.
It does advertise their product - indirectly - which may be OK with
them. But ASK first -

and remember the phrase
'I can sue you for less money than it will cost defend against it'

The safest way would be to take/hire/comission original art/photography
for your business.

Good luck
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Old 12-05-2006
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Actually, in standard copyright law, they can't sue you until after they've sent you a cease and desist order and then catch you violating it. In copyright law, the first bite is free....
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Old 12-05-2006
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To legally use someone else's photos requires permission, but I wouldn't hesitate for a moment to use stock Beneteau materials on a charter website - it the site is only for one or a few boats, the page is almost quasi-personal. The worst that can happen, is someone may ask you to take them down...but it'll never happen...

However, don't use any pictures that have a copyright in the photo! You can also consider just linking to other pages, such as Beneteau's rather than duplicating their material. I agree with others that actual photos of your boat will be of most value to tire-kickers.
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Old 12-05-2006
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Quote:
Originally Posted by sailingdog
Actually, in standard copyright law, they can't sue you until after they've sent you a cease and desist order and then catch you violating it. In copyright law, the first bite is free....

I would advise checking with legal counsel prior to acting on this advice.
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Old 12-05-2006
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Well, that URL to the copyright office pages will also show you a "tip of the day" spot. According to the CO's tip today, you may be liable for up to $30,000 for your first use of someone else's material. No mention of cease and desist, the infringement enough is sufficient for damages. A letter of C&D and the subsequent actions would only speak to the issue of total/continuing damages.

Concepts like "quasi-personal" use only make the lawyers rich. Under the "new" copyright laws it really is very simple, the same rules you learned in kindergarden. If you play with toys that aren't yours...Someone is gonna come along and do something about it.

I've noticed in this new internet world, people just don't get the concept of "personal property" and "property rights". Until, that is, someone else comes along and violates theirs. Funny how that works.
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Old 12-05-2006
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Copyright Rules

Quote:
Originally Posted by hellosailor
Well, that URL to the copyright office pages will also show you a "tip of the day" spot. According to the CO's tip today, you may be liable for up to $30,000 for your first use of someone else's material. No mention of cease and desist, the infringement enough is sufficient for damages. A letter of C&D and the subsequent actions would only speak to the issue of total/continuing damages.

Concepts like "quasi-personal" use only make the lawyers rich. Under the "new" copyright laws it really is very simple, the same rules you learned in kindergarden. If you play with toys that aren't yours...Someone is gonna come along and do something about it.

I've noticed in this new internet world, people just don't get the concept of "personal property" and "property rights". Until, that is, someone else comes along and violates theirs. Funny how that works.
That legalease means nothing outside of a significant commercial venue, involving at least some deep pockets and an axe to grind.

Take a look at Youtube.com which contains thousands on thousands of copyrighted clips...

Last edited by sailingfool; 12-05-2006 at 03:22 PM.
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