RE: (erielack) L&HR on EL mystery and a copyrighted picture

[Charles_Walsh_@_Berlex.com]

True.  But unless the owner of the copyright becomes aware of the use of
the image and institutes legal action, AND is successful in obtaining an
injunction to prevent its use in anticipation of further litigation, the
use can continue, albeit under the threat of these possible actions.  The
problem is that Kodachrome images were relatively uncomplicated to deal
with.  If you possessed the original, you could control the number of
copies made, even though a buyer could theoretically have a copy of a copy
made, but with poor "third-generation" copy results.  (I'm sure we all have
a few of these copy of copies in our slide collections.)   But now, with
the ease of digital scanning and electronic copies the picture, so to
speak, it is much more complicated.  Paul did the right thing in
withholding the image, but the risk in doing so is only directly
proportional to how willing a photo's owner would have been to pursue legal
action in the event of a violation.  I think much of this comes under the
general category of a gentlemen's agreement that we'll all try to play by
the rules in order to prevent chaos, and that we all benefit by
cooperating.

Chuck



                                                                                                                                   
                      "Schuyler Larrabee"                                                                                          
                      <schuyler.larrabee_@_v                                                                                         
                      erizon.net>          To:     "'Paul R. Tupaczewski'" <paultup_@_optonline.net>                                 
                      Sent by:                     "'John Payne'" <johndpayne_@_yahoo.com>                                           
                      erielack-owner_@_lists         <erielack@lists.railfan.net>                                                    
                      .elhts.org           cc:                                                                                     
                                           Subject:                                                                                
                                                   RE: (erielack) L&HR on EL mystery and a copyrighted picture                     
                      01/26/2006 12:09 AM                                                                                          
                      Please respond to                                                                                            
                      "Schuyler Larrabee"                                                                                          
                                                                                                                                   
                                                                                                                                   






> > Here's a question   .   .   .   if you purchase original
> > Kodachrome slides (as I had done for many years of the EL and other
> > Roads) that were copyrighted, do you then own the copyright
> since it
> > is the original copyrighted image that was purchased?
>
> I wish I knew the answer to this one. I always thought that
> if you own the ORIGINAL of a slide, then that technically is
> your slide to do whatever you want with. But now I hear that
> doesn't necessarily have to be the case anymore on this. As I
> understand it, a copyright is implicitly created whenever an
> individual creates a work, whether that's taking a photo,
> writing a book, or developing a piece of computers software.
> They can sell that "work", but it is still copyrighted by THEM.
>
> Anyone know for sure?
>
>            - Paul

Disclaimer:  I am not a lawyer.

But, Paul,  I believe you have it exactly correct.  Unless you explicitly
included the rights to the
image when you bought it, and probably unless you have documentation to
that effect, the copyrights
remain with the "author," whether a written work or a photo or a painting
or any other form of
artistic expression.  Probably that limitation, "artistic expression," is
somewhat too limiting, as
architectural and mechanical drawings are copyright works.  The buildings
themselves, built from the
copyrighted drawings, are probably not copyrighted.

SGL


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