[WikiEN-l] Creation of user photographs

[Ray Saintonge]

Peter Mackay wrote:

>>From: wikien-l-bounces at Wikipedia.org 
>>[mailto:wikien-l-bounces at Wikipedia.org] On Behalf Of Ray Saintonge
>>
>>Peter Mackay wrote:
>>    
>>
>>>>But for casual shots, it is not only
>>>>unnecessary to doubt the word of the user in these cases 
>>>>about the copyright status, but the risk of legal 
>>>>intervention is so low as to be nil. Additionally, in a case 
>>>>like this, it will be absolutely clear to the copyright owner 
>>>>who to complain to. I think this sort of thing is very, very 
>>>>low priority.
>>>>        
>>>>
>>>You seem to be saying it's OK to break the law if you can get away with 
>>>      
>>>
>>>it, but I think you misunderstand my point.
>>>      
>>>
>>Your misconception of law is phenomenal.  In some situations 
>>the breach 
>>of the law does not happen until there has been a complaint 
>>by someone 
>>with standing.
>>    
>>
>So it's legal to breach copyright until someone complains? If you steal from
>an outlaw it's not theft?
>
One needs to make a distinction between civil and criminal law.  The 
element of wilfullness is key to the finding of criminal infringement.  
"Breaking the law" can result in punitive penalties.  The statutory 
damages in civil infringement are really there to avoid the complexities 
of determining actual damages; the plaintiff cannot have both actual and 
statutory damages in a case.

A person who in good faith publishes material where a reasonable fair 
use argument can be made is not breaking the law.  Other defenses which 
would exculpate him also exzist.

Ec