On 7/21/06, Oldak Quill oldakquill@gmail.com wrote:
On 22/07/06, Gregory Maxwell gmaxwell@gmail.com wrote:
This is a complex issue involving a lot of handwaving and bullshit.
In germany they have a legal concept called "right of panorama" which appears to be intended to address cases of incidental inclusion (as we'd know them in the US). The idea is that the fact that the populated world is saturated with copyrighted works shouldn't inhibit you from taking pictures in public...
However, when you turn around and use such an image as a direct replacement for the copyrighted work which you, presumably, couldn't use there is no way that you'd be able to claim incidental inclusion in the US. I'm not qualified to say what the decision would be in Germany, but I'd really be surprised if it were any different.
Aren't the images are still stored in Florida so are covered by US law? Why is German law at all considered?
Because the photograph is taken on German soil by a German photographer. Consequently, whether or not it is legal to take the photo is covered by German law.