[WikiEN-l] More fair use image overreaching

[WJhonson at aol.com]

In a message dated 3/2/2008 2:11:09 P.M. Pacific Standard Time,  
geniice at gmail.com writes:

Really?  Who holds the copyright on such a pic? If you argue for no
contract then  the situation is easy to deal with. The person who took
the picture holds  the copyright thus the camera owner can't upload to
wikipedia and any such  image should be deleted. However in your email
dated 2 Mar 2008 08:14 you  described such deletions as "ridiculous
behaviour" which means you must  think there is some form of valid
implied contract in such an action.  Perhaps there is as I said I don't
know but it is an issue of contract  law.

>  Please point to some case, in contract law, where a  random stranger, sued
>  the person they were taking a picture of,  because they didn't get 
permission or
>  whatever you're  saying.

As I said no established case law. That doesn't mean there  isn't law
in this area just makes it hard to be sure what it  is.>>


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When I hire someone to work in my studio and take pictures of children, the  
employee does not hold the copyright to such work, the owner of the studio  
does.  When you are offered a *position* even at no pay, and you agree, you  are 
implicitely and voluntarily giving up your right to claim the results of  
that work later.
 
If there is no established case law, then why are you arguing that it's the  
law?  It's your interpretation of the law. And that's all it is.
Our policy however is not based on your particular interpretation, but  
rather on the consensus, addressing directly, and in particular, each issue as  it 
arises.  Claiming to hold an argument of the high-horse position, might  
dissuade those easily misled, but it doesn't work on people who don't agree with  
an appeal to authority.
 
Will Johnson



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