The 411 On Copyright For Net Photos — страница 4

angst about unfamiliar technologies.’`[51] For example, an author may agree to license rights to a CD-ROM publication but hesitate to a license for on-line networks because of “metered use’` questions.[52] A resolution to this problem may be “by agreement to negotiate a fair royalty amount in the future based on the existing rates.’`[53] For example, Time Inc. is offering an increase in photographer’s day rate from $400 to $500 per day to compensate for electronic rights for assignment photos.[54] Time also offers a royalty option offering a base fee of $75 per image plus a royalty rate that varies depending on a number of factors including English vs. foreign language distribution.[55] Terms are to be reviewed in one year.[56] About half the photographers have signed

the new agreements and the remaining freelancers will continue to negotiate licenses for each photo.[57] Time uses the photos in their on-line magazines and other products.[58] There is no agreement among the Board members of the American Society of Media Photographers regarding the Time electronics rights policy.[59] The value of the rights is hard to assess but ASMP board member Roger Ressmeyer believes that, “at issue is the very survival of freelance photography into the next century.’`[60] Veteran photographer Douglas Kirkland sums up the situation well, “If there wasn’t a substantial value in these rights, [Time] wouldn’t be asking for them.’`[61] On the other end of the spectrum, publisher Conde Nast has refused to pay any additional fees for electronic

rights.[62] INTERPRETATION OF PRE INTERNET CONTRACTS With regard to pre-Internet contracts, Mr. Strong predicts that where a contract is silent on the issue of electronic publication, the publisher has the right to produce the entire journal in any form including electronic.[63] Mr. Strong points to the Copyright Act, “in the absence of a written agreement the copyright owner of a contribution to a periodical will be deemed to have given the periodical publisher only the right to reproduce the article as part of the issue of the periodical in which it appears and any revision of that periodical.’`[64] Mr. Strong says, “While technically this is not relevant to an interpretation of an actual written contract, I believe it is fair to say that the presumptions which the

statute creates here would probably be applied by any court forced to grapple with a contract that was silent on the question of electronic rights.’`[65] The interpretation of old contracts and electronic rights is the subject of controversy between photographers and, TIME Inc. Recently, Time republished some Life cover photos for a CD compilation. Time associate counsel Laury Frieber maintains that the company need not pay the photographers a reuse fee.[66] Instead the company sent a letter stating, “While as a legal matter we are not obliged to make any additional payments to reproduce our covers, in the spirit of this project we decided to make a payment to all non-staffers whose images graced Life’s cover.’`[67] The letter was accompanied by a $30.00 check.[68] Ben

Chapnick of the Black Star picture agency disagrees with Time’s interpretation of the license which he says was for one time use.[69] Both Mr. Strong and Mr. Chapnick agree that litigation could take years.[70] And Mr. Chapnick predicts in the Time situation, litigation could cost as much as $500,000.’`[71] In any event, says Mr. Strong, each publisher can weigh the financial risks of a copyright violation or breach of contract suit against the gains of electronic publishing.[72] Of course an individual photographer is unlikely to have the financial resources to litigate a law suit. HOW ONE PUBLISHER SEEKS TO PROTECT COPYRIGHTED WORKS Michael Rogers managing editor of Newsweek Interactive an on-line publication with Prodigy has integrated the photographs with the text rather

than in separate files as a way to combat copyright infringement.[73] “That way, users can’t export the pictures for other uses without special software,’` says Mr.Rogers.’`[74] ALTERATION OF NEWS PHOTOS New on-line technology makes it easier to edit and alter photographs. Visit Digital Imaging photographers and editors can learn new ways to improve and change photographs. But using technology to create art is one thing, using it to doctor news photos is another. Copyright protection for computer art, including photographs is an emerging issue.[75] But whereas copyright protection for art photos focuses on the value of the piece as art, the value of a news photo is accuracy.[76] The ethics of doctoring news photos [77] is discussed on the Michigan Press Photographer’s