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Copyright Law is a huge subject and can be complicated when many authors/owners and risuduals are involved. However, this is not a complicated case. In practice it is quite simple to protect oneself, but the obligation for obtaining rights to use any material ALWAYS falls on the person/entity seeking to use the material. This includes material from the public domain which has specific requirements one must meet in order to use (simple and free). In Barry's case he does not have to prove anything. The site owners should have written premission on file for all the work displayed that has been done by others. That is SOP. The burden is on them to prove that the images are part of the public domain or were taken from someone who can legally assign rights to use them. In the future, videos or pictures of the WKPP should include a copyright notice and one copy of the video should be mailed by certified mail to George or Barry or any other senior WKPP member. This package should be left unopened as it will provide positive proof of the date of completed production. If a script was written this can be mailed to the US Copyright Office with the appropriate fee and they will keep this on file for you. These are good things to do BUT NOT REQUIRED! The fact that all the players involved in putting these videos together can easily issue a joint statement of authorship and can easily provide proof that the material was disseminated by the authors, whereas the web site owners will be required to describe the means they used to obtain the images. "I used my Snappy to capture the images from a copy of someone's video" doesn't cut it. Nor does "so-and-so gave them to me." While shortcuts are often practiced, especially on the web, when an issue is made over copyright then the images are pulled until it is resolved. Only professional thing to do. No one can lift images from any video without obtaining the specific rights to use it. PERIOD. No ifs, ands or buts. The assessment of monetary damages is more complicated but is essentially based on a realistic market value those images have. Natural history stock video is typically sold in 1 second increments at a minumum of $40-85 a second, stock images at a minimum of $100 per picture. Rates are dependent on quantity and means of distribution and the type of rights assigned to use them (time period covered, revocable, irrevocable, local, regional, national, international, multiple use, single program use, etc.). Should the owner of the material decide to provide those rights for free a Footage Release should still be used. I deal with these issues often and you wouldn't believe the documentation required to protect the networks or cable companies from copyright issues. Part of any broadcast production budget will include a provision for researching and obtaining rights for stock footage, photos, music etc. This is an actual full time profession for some in the industry. This requirement is not only mandated by the professional client, but also is a requirement for obtaining necessary Ommissions and Liability production insurance which is a requirement that all broadcaster's require of production companies selling programs intended for broadcast. I'd first fire off a note to the ISP provider of the site as they will also have concerns about copyright violations. I would have to research the next steps in enforcement as this is an issue that rarely surfaces in this manner (usually disputes involve residuals or market not blatant piracy). Regards, John -----Original Message----- From: Adri KC Haine <darkangel@en*.co*> To: cavers@cavers.com <cavers@cavers.com> Date: Wednesday, March 24, 1999 7:21 AM Subject: Fwd: Re: caveword pictures > > >--------- Forwarded Message --------- > >DATE: Wed, 24 Mar 1999 03:38:32 >From: "Adri KC Haine" <darkangel@en*.co*> > >it says: " >I am sorry, but the pictures have been asked to be removed > >By Barry Miller of the WKPP. > >We will remove them when the copyright papers are received. > >We have stated in a e-mail to Mr. Miller this request and > >will remove them upon receipt of the copyright notice." > >at the caveworld website. > >Does that mean that, if Barry didn't actually have his pictures copyrighted, he cannot take any action against them being used? >Anyone have the legal angle on this? > >rgds > >--- >Adri KC Haine > >darkangel@en*.co* > >"Killer factors in technical diving are complacency, attitude, oxygen >toxicity, exceeding personal limits, ignorance and complexity." > >Mike Menduno - EuroTek 95 > > > > > > > > > > > > >__________________________________________________________________ >Get your own free England E-mail address at http://www.england.com > >--------- End Forwarded Message --------- > > > >__________________________________________________________________ >Get your own free England E-mail address at http://www.england.com >
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