[WikiEN-l] Creation of user photographs

Arwel Parry arwel at cartref.demon.co.uk
Sun May 21 23:21:01 UTC 2006

In message <06a001c67d24$f193d590$6400a8c0 at Tiny>, Peter Mackay 
<peter.mackay-bzGI/hKkdgRBDgjK7y7TUQ at public.gmane.org> writes
>> From: wikien-l-bounces-g2DCOkC13y2GglJvpFV4uA at public.gmane.org
>> [mailto:wikien-l-bounces-g2DCOkC13y2GglJvpFV4uA at public.gmane.org] On 
>>Behalf Of Steve Bennett
>> On 5/22/06, Peter Mackay 
>><peter.mackay-bzGI/hKkdgRBDgjK7y7TUQ at public.gmane.org> wrote:
>> >
>> > In the case you outline, I would suggest fair use. Releasing a
>> > photograph to which you do not hold the copyright into the public
>> > domain is morally indefensible, even if it is a very small
>> sin and you
>> > will get away with it.
>> This whole conversation is getting a bit silly.
>If so, why keep on participating. Personally, I'm grateful for the
>discussion steering me towards a possible solution.
>> But I don't
>> agree with your statement that releasing a copyrighted image
>> into PD (insofar as that's actually possible) is necessarily
>> morally wrong. Would my mother care if I published her photo
>> of flowers all over the web with PD marked on it? It is not
>> necessarily the case that any copyright holder actually
>> values that copyright. Therefore it is not necessarily the
>> case that violating it is actually wrong.
>It's morally wrong in any sort of degree. Stealing a cent is the same crime
>as stealing a million.
>Whether you are going to be prosecuted for it is an entirely different
>Claiming copyright over something you don't own is morally wrong, even if
>nobody gives a rat's bum.

Agreed, which is why we ought to have a licensing option which states 
something like "Technically copyrighted, but copyright holder not 
reasonably traceable or is indeterminable", and make it clear that this 
is intended only to be used in the case of private images which have not 
been published (in an effort to prevent it becoming a sinkhole for all 
the copyrighted photos everyone wants to crib from elsewhere).

Arwel Parry

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