OT:Photographer sues Calif. paper over use of copyrighted picture

[bmattock]

Thought this would be a good PSA for RFF, so to speak. Important stuff, if you're interested in protecting your copyright.

Interestingly, one might also say that I am violating the AP's copyright by posting this here, but the courts have consistantly held (in the USA) that posting a newspaper article for the purposes of discussion is 'fair use' (for purposes of commentary and criticism) and does not deprive the AP of their copyright of the story. BUT - if the photographer in this story prevails, it would be a copyright violation for me to post a copy of the photograph in question here.

Funny old world, innit?

Best Regards,

Bill Mattocks

http://www.montereyherald.com/mld/montereyherald/news/politics/13693902.htm

Posted on Mon, Jan. 23, 2006

Photographer sues Calif. paper over use of copyrighted picture

Associated Press

MURFREESBORO, Tenn. - A copyright violation lawsuit against a California newspaper by a freelance photographer is being allowed to proceed.

Chris Harris, a photography professor at Middle Tennessee State University in Murfreesboro, is suing the San Jose Mercury News for its use of his copyrighted photograph of Southern writer Walker Percy with a book review.

"I am fighting for the philosophical right for what copyright is meant to be - protection of our intellectual property, that of what goes into making photograph," said Harris, whose resume includes freelancing for Time, Newsweek and The New York Times.

U.S. District Court Judge Charles R. Breyer in San Francisco ruled against the newspaper earlier this month in a motion to dismiss Harris' lawsuit on the grounds that the use of the photo, which appeared in a 2003 review of "The Life You Save May Be Your Own" by Paul Elie, was legal according to "fair use" rules.

"The court cannot say as a matter of law that use of a copyrighted photograph in a book review, in which the book clearly states that the photograph is copyrighted, constitutes fair use," Breyer said.

The "fair use" defense is based on a copyright exception that allows reproduction for purposes such as "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research," according to U.S. copyright law.

The newspaper plans to ask the judge to certify his decision for an appeal, said James Chadwick, the newspaper's attorney. The paper plans to continue fighting the suit and maintains it legally published the photograph under fair-use doctrine, he said.

Harris had a contract with Elie detailing the use of the photograph in the book, and it specified that if a newspaper wanted to use the Percy photo for a review, Harris had to be contacted first.

Harris said he believes that this lawsuit, filed in December, could set a precedent that would affect newspapers and photographers nationwide.

"If I win, no photographers will have to worry about having their work pirated, because we'll have a federal precedent," Harris said. "This is the first time this has been adjudicated in the federal court system."

 

[Finder]

Way to go Harris.