Karen Wattie said to Edsukach{at}juno.com at 01-15-03  18:41
 Subject: Re:RE: Copyright INFRINGE
 
 KW> Ah, but isn't this where it gets sticky?  Proof that it is her image
 KW> would be that she has the negative.  She doesn't have the negative, so
 KW> how can she prove she took the picture now?
 
 I would say her only recourse is to mention that unless her name
 and business card appears along with her picture, she intends to
 send three of her Sicilian friends over to discuss the possibility
 of buying insurance to protect his investment in equipment required
 for his business.

 He has possession of the negatives and is the only other person in
 the world who knows for sure from where they came.  Then if honesty
 and friendship mean nothing, then maybe a family connection could be
 used to make everything right.

 But taking this thought a bit further in a more realistic manner
 begs the question what would she do if she had taken the pictures with
 a digital camera?  How can she or he for that matter prove ownership
 of anything that consist of purely bits and bytes.  That's where a
 registration system might be useful.  Something like posting the
 picture on Photosig would prove that someone using your name logged on
 and uploaded the picture on such and such a date, but would that
 qualify as publishing?  If I took one of your photos from Photosig and
 used Photoshop to modify it, is it still your photo or is it now mine?
 You have made yours available to the world, and what you made available
 in not the same thing as mine.  Does to be published now require that a
 photo be sold, or is the old shown still valid ?  And does a web site
 qualify as showing?  If you carve a statue and I steal it and paint it
 blue, is it now my statue?  Or do you own it because you have a receipt
 for the marble is was carved from?  Ok, pretty clear there, how about
 it's an ice sculpture instead?

 The supreme court just granted a long extension of copyright protection
 for Micky Mouse and other cartoon characters. In cartoon characters and
 other works of art of long standing and previously published this is
 great, but totally ignores the plight of the modern age where nothing
 actually exist as anything but charged chunks of matter. Unless you use
 a name or an image in commerce, it seems to be fair game for anyone who
 cares to steal it. Kazaa is not selling anything, they are only
 providing a place for others to share whatever information they care to
 share.  Just because some want to share copyrighted music information,
 it is bad, or is it?  How can the U.S. courts rule that this little
 offshore web site can be held liable in U.S. courts because much of
 their business comes from US citizens, when offshore oil companies and
 major conglomerates who moved off shore to avoid taxation yet still do
 most of their business in this country aren't. Maybe Kazaa should make
 a donation to the republican party, joining the masters instead of
 belonging to the serf's.

 Bobfer

... Constipated People Don't Give A crap.
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