The 411 On Copyright For Net Photos — страница 5

Association (MPPA) home page. This discussion is about the LIFE magazine May, 1995 photo of the Kent State shootings wherein the photo was altered from the original shot by photographer, John Filo on May 4, 1970. The alteration eliminated a pole in the center of the photograph. David Friend, Life’s Director of Photography says it was a done unbeknownst to the editors. MPPA member Brian Masck responds, saying that credibility in the source of a photo is critical to photojournalism. Whether or not photographer John Filo has a cause of action against LIFE for printing the altered photo may be an issue of whether the terms of the print license were exceeded.[78] This type of alteration is distinguished from the traditional cropping and centering that a photo editor might do because

it is a change in the substance of the photograph. In the future, photographers are advised to safeguard against copyright infringement by including in the license the amount of digital manipulation allowed.[79] However, copyright may not be the best or even the only issue regarding authenticity of news photographs.[80] Again, the chain of contracts between publisher, photographer, stock agency and photo subject may present legal issues such as false light or misappropriation.[81] The news photographer is again advised, to keep original photos to protect against actions like this and to be especially careful if photographing with filmless cameras where a photographer will not possess a negative.[82] Alteration of news photos is not a new issue. But new copyright issues pop up in

the context of on-line news photo alteration. On the one hand, alterations can be “subtle pixel-by-pixel changes’` that are difficult to detect.[83] This capacity makes it easy to steal on-line photos in toto or in part.[84] The problem here is a photographer’s burden of proof as it relates to the “ordinary observer’` approach in proving substantial similarity in an infringement action.[85] Photojournalism reviewer Ken Kobre examines The Long Tradition of Doctoring Photos. Mr. Kobre notes that a recent edition of The National Enquirer displayed a doctored photo of a battered Nicole Brown Simpson.[86] The Enquirer noted in small type that the photo was a recreation.[87] Rather than shying away from the technology and the potential abuse of altering on-line news photos,

Mr. Kobre believes that increased photographic access assists in the discovery of truth. “Totalitarian regimes have been more adept at controlling- and changing what people see precisely because those regimes control their media.” [88] In the end, “The credibility demanded of journalism should continue to shape its uses of the computer’s capabilities.’`[89] NET USERS Everyone agrees that Net Users, like most Americans, have little knowledge of copyright law.[90] Digital works have some unique characteristics which challenge copyright law.[91] Three of those characteristics include ease of replication, transmission, and alteration.[92] The Net allows for quick replication and transmission of works as compared to traditional replication methods.[93] Modification of Net

documents may also provide some challenges to a court’s interpretation of “fixed.’`[94] POSTING AND DOWNLOADING PHOTOS With regard to replication, transmission and alteration, some Net users behave as if all Net information is up for grabs whether or not the material is copyrighted and has a copyright notice.[95] Celebrity fan club postings like the Brad Pitt Web Site are examples of users posting copyrighted photos to the Net. This home page acknowledges that these photos are copyrighted so “please be nice.’` This acknowledgment confirms the Samuelson and Glushko observation that “those who post information not authored by them on Internet bulletin boards or in electronic newsletters delivered by Internet sometimes do so with a conspicuous notice that it is being

posted without copyright permission, thereby asserting the poster’s view of an appropriate scope of fair use.’`[96] Furthermore, “net users generally regard it as fair to download items from the bulletin board for one’s personal use, and even to send a copy to a friend who might otherwise not see the item, it is considered bad manners (or worse) to redistribute more widely someone else’s posting without its author’s permission.’`[97] It goes without saying that policing user behavior as it relates to copyright is difficult at best.[98] ONE PUBLISHER’S VIEW OF DOWNLOADING WORKS Recently Time posted Sports Illustrated swimsuit issue photos for personal downloading at the Pathfinder Website that ended up on one of the Supermodel websites. Time’s legal head Harry