Copyright/Intellectual Property
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Summaries:

The Photographers Right - pdf - Bert Krages, attorney

Legal Rights of Photographers - pdf - Andrew Kantor

The Ten Legal Commandments of Photography

I. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls? Yeah. Even though it’s technically private property, being open to the public makes it public space.

II. If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game.

III. If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.

IV. Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.

V. People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy. Kids swimming in a fountain? Okay. Somebody entering their PIN at the ATM? Not okay.

VI. The following can almost always be photographed from public places, despite popular opinion:

* accident & fire scenes, criminal activities
* bridges & other infrastructure, transportation facilities (i.e. airports)
* industrial facilities, Superfund sites
* public utilities, residential & commercial buildings
* children, celebrities, law enforcement officers
* UFOs, the Loch Ness Monster, Chuck Norris


VII. Although “security” is often given as the reason somebody doesn’t want you to take photos, it’s rarely valid. Taking a photo of a publicly visible subject does not constitute terrorism, nor does it infringe on a company’s trade secrets.

VIII. If you are challenged, you do not have to explain why you are taking pictures, nor to you have to disclose your identity (except in some cases when questioned by a law enforcement officer.)

IX. Private parties have very limited rights to detain you against your will, and can be subject to legal action if they harass you.

X. If someone tries to confiscate your camera and/or film, you don’t have to give it to them. If they take it by force or threaten you, they can be liable for things like theft and coercion. Even law enforcement officers need a court order.
What To Do If You’re Confronted

* Be respectful and polite. Use good judgement and don’t escalate the situation.
* If the person becomes combative or difficult, think about calling the police.
* Threats, detention, and taking your camera are all grounds for legal or civil actions on your part. Be sure to get the person’s name, employer, and what legal grounds they claim for their actions.
* If you don’t want to involve the authorities, go above the person’s head to their supervisor or their company’s public relations department.
* Call your local TV and radio stations and see if they want to do a story about your civil liberties. * Put the story on the web yourself if need be.

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Electronic Frontier Foundation
http://www.eff.org
Intellectual Property Online: Patent, Trademark, Copyright
http://www.eff.org/IP/

U.S. Copyright Office by telephone, (202) 707-9100, or online at http://www.copyright.gov

Digimark
www.digimark.com

Adobe
http://studio.adobe.com/us/tips/tip.jsp?p=1&id=54&xml=phs7addcopyright

The Free Expression Policy Project
http://www.fepproject.org/fepp/fairuseintro.html

Copyright Website
http://www.benedict.com/fair.htm
http://www.benedict.com/digital/webIssues/webDesign.asp
http://www.benedict.com/info/fairUse/fairUse.asp
update bennedict
http://www.benedict.com/Info/law/notice/notice.aspx

United States Patent Office - Intellectual Property and the National Information Infrastructure
http://www.uspto.gov/web/offices/com/doc/ipnii/index.html

Stanford University Copyright and Fair Use
http://fairuse.stanford.edu/

Technical Advisory Service for Images
http://www.tasi.ac.uk/advice/managing/copyright.html

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Illegal Art
http://www.illegal-art.org/print/index.html

Source for javascript based copyright notification and browser image locking.
http://www.hypergurl.com/norightclick.html
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JavaScript "NO RIGHT CLICK" for Images

Have you ever worked really hard on graphics for your site only to find later that someone has stolen them as their own. You can fully encrypt and protect your site with HTML-Protector and the scripts below will help against novices.

Use the script below so when someone right clicks to save an image off your page, a message will come up letting people know that your information is copyrighted.

This script only works on newer browsers, and it's not foolproof. If someone really wants something from your page they can find ways around it, but at least it's a warning to people who want to take your graphics. Copy and paste the following code, and make sure it comes right after your <HEAD> tag:

<!--
< script language="JavaScript">
// distributed by http://hypergurl.com
< !--
var popup="Sorry, right-click is disabled.\n\nThis Site Copyright ©2000";
function noway(go) {
if (document.all) {
if (event.button == 2) {
alert(popup);
return false;
}
}
if (document.layers) {
if (go.which == 3) {
alert(popup);
return false;
}
}
}
if (document.layers) {
document.captureEvents(Event.MOUSEDOWN);
}
document.onmousedown=noway;
// --> </script>
-->

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Script For "NO RIGHT CLICK" for Source

Here is a handy little script which will not only protect your images from right clicking, but your whole page. Remember this only stops some visitors from viewing your source. There are ways around it and if someone really wants to view your source they may find a way. There is another trick below to protect your source code.

This script works best if placed within the head tags of your html. Homestead users can use the "insert html" option within their editors:

< !--
< script language="JavaScript1.1">
// distributed by http://www,hypergurl.com
< !-- var debug = true;
function right(e)
{
if (navigator.appName == 'Netscape' && (e.which == 3 || e.which == 2)) return false;
else if (navigator.appName == 'Microsoft Internet Explorer' && (event.button == 2 || event.button == 3)) {
alert('This Page is fully protected!');
return false;
}

return true;
}
document.onmousedown=right;
if (document.layers) window.captureEvents(Event.MOUSEDOWN);
window.onmousedown=right;
//--></script>

-->

Lewis Hyde and the Copy Left Movement

http://www.nytimes.com/2008/11/16/magazine/16hyde-t.html

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Orphan Works:

An orphan work is a copyrighted work where it is difficult or impossible to contact the copyright holder. This situation can arise for many reasons. The author could have never been publicly known because the work was published anonymously or the work may have never been traditionally published at all. The identity of the author could have been once known but the information lost over time. Even if the author is known, it may not be possible to determine who inherited the copyright and presently owns it. Nearly any work where a reasonable effort to locate the current copyright owner fails can be considered orphaned. However the designation is often used loosely and in some jurisdictions there is no legal definition at all.

http://en.wikipedia.org/wiki/Orphan_works