Re: Distribution of picture on the internet in US-law?

drew Roberts wrote:
> This is where I think it could be helpful for the law
to take note of Free 
> Copyleft licenses.

> [snip]

> I am not totally sure that I fully buy my line above,
but I certainly think a 
> person should get a Free Copyleft license to any images
taken of them by any 
> photographer in any place not taken at their
instigation should they wish to 
> use the image under such a license.

drew, this paragraph totally changed the meaning of the
previous lines
for me, and now I'm confused by your email (clearly I
wasn't
understanding what you meant).

I think that you (and everyone) discussing the idea of
"rights granted"
either under statute or license, should (for clarity) be
very specific
about WHOSE rights you mean.

I think this will not only promote better communication on
the list, but
also clearer thinking for yourself. In this situation, we
have at least
four, maybe five, possible distinct rights-holding entities
in the work:

1) The person photographed
2) The photographer
3) The person publishing the photograph online
4) The person downloading the photograph from a website
5) A person wanting to make a derivative/adaptation of the
work

Photo-releases involve 1 and possibly 2. The release may be
worded to
include 3 & 4 under various terms.

5 is distinct with CC licenses, because only derivatives can
be
re-licensed to a later or alternate-locale license (which,
after our
little "Spanish moral rights" discussion, which
appears to indicate that
some locales have far more risky and restrictive licensing
than others,
I'm beginning to think is awfully important).

Also, we should remember that far more can be granted by
statute than by
license, so the model of a statute as "granting a
license" can be a
little shaky. It means a lot more to say that something is
"non-copyrightable" than just to say that it's
"in the public domain"
(copyleft is an attempt to mimic this distinction, but it's
imperfect).

Cheers,
Terry

-- 
Terry Hancock (hancockAnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpac
eworks.com

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