The 411 On Copyright For Net Photos — страница 3

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“telestar’` for his homepage locator. Employees should be careful in choosing web locators so as to avoid trademark problems similar to MTV v. Curry, see Trademarks Along the Infobahn. SK PHOTO AGENCIES Many photographers use stock photo agencies to sell photos. News magazines purchase a tremendous amount of published photos from stock agencies.[30] For example in 1980 Time purchased 56.88% of their published photos from stock agencies and freelance photographers.[31] A traditional stock photo agency publishes catalogues with thumbprint photos which customers view and then purchase camera ready prints.[32] Stock agencies publicize photos and also negotiate licenses in exchange for royalties.[33] See the SKPHOTO web site to learn about stock agencies. One advantage of an

on-line agency may be the capacity to for customers to download photos immediately. Another advantage to on-line agencies may be enhanced research resources for locating the right kind of photo among the thousands in stock. CONTRACTS When a publisher desires to purchase a photo from a stock agency there may be several contractual arrangements to weave through. These contract issues are determined by state law where as copyright law per se is the subject of federal statutes.[34] Contracts may exist between the subject and the photographer, the photographer and the stock agency and perhaps a digital rights agent.[35] Mr. Harrang states that a typical stock photo agency contract is a license for “one edition only.’`[36] The question of what is “one edition’` has been debated

in the context of CD-ROM publications. In this context some argue that an upgrade of the product would be a second edition requiring a re-license fee.[37] Harring does not agree with this view and suggests that CD-ROM and on-line publishers can avoid the problem with proper electronic licensing contracts.[38] An on-line stock agency such as Corbis Media should be more familiar with structuring proper electronic rights contracts.[39] In terms of protecting copyrights while displaying photos on-line, Corbis puts a copyright notice in the upper left-hand corner of the photo.[40] This copyright protects the digital file not the actual photo which is copyrighted to the photographer.[41] PROTECTING COPYRIGHT WITH TECHNOLOGY Additionally, when a client desires to view a larger image of

a photo, the client clicks on the thumbprint photo to access the 6 x 7 inch photo.[42] To protect this copyright, Corbis adds a translucent watermark on the picture.[43] This method is not full-proof. CEO Doug Rowan admits that the watermark could be eliminated by a technical person and they are working toward technical improvement of the system.[44] Unlike other stock agencies, Corbis on-line pictures are for preview only and are not for customer downloading.[45] NET PUBLISHERS AND PHOTOJOURNALISTS In Copyright in the New World of Electronic Publishing, See attorney William Strong reassures traditional publishers that copyright law will not be eviscerated by the Net. Copyright is grounded in the Constitution and assures a financial incentive to authors and creative persons.[46]

Mr. Strong takes the position that in a traditional author contract granting “all right, title and interest in and to the work, including copyright’` grants a publisher broad rights to publish electronically.[47] NEW CONTRACTS FOR E-RIGHTS When a publisher drafts new contracts, Mr. Strong recommends that to ensure that a publisher is getting the whole ball of wax that the contract should read “the exclusive license to reproduce the work and distribute it by all means and media now known or hereafter discovered, including, without limitation, print, microfilm, and electronic media as well as the right to display and transmit the work publicly on-line.’`[48] This kind of “all rights’` transaction is not popular among photographers and the American Society of Media

Photographers (AMSP). cautions photographers to consider limiting a license by time, geographic area or media type.[49] It is interesting to note, that apparently Mr. Strong did not sign such a contract with the publisher of his article, the Journal of Electronic Publishing (JEP) ). The copyright notice indicates that the author, not JEP, controls the copyright, consequently commercial publication is prohibited in print or electronic form without permission of the author. The tension between a publisher’s desire to license all rights to a photograph, and a photographer’s concern about “giving away too much’` may gum up negotiations on the electronic publishing frontier.[50] Mr. Harrang suggests “separating legitimate concerns about changing technologies from simple