Agence France-Presse infringed on photographer's copyright in landmark Twitter case [UPDATE 2]

Copyright Is Dead

Anticopyright King 5

Short but sweet! YouTubes recent post, the claim, “one hour of video is uploaded to You Tube every second”. It adds up to 1 century or a hundred years of video is put up on their website every ten days. Coincidently You Tube has certified and validated the death of copyright laws. My claim that “internet has killed the copyright star” is proved beyond any doubt by You Tube. Aside from the fact that no one person or even a conglomerate of thousands could view all the videos for infringements, there is the possibility they would use technology to search for key words, etc. and still the follow up by human interaction will never in a thousand years be able to see, read, and reflect, debate, study, etc the lower number of prescreened stories. The reason is simple, the numbers are growing exponentially, soon it will be 10 centuries of video stories being uploaded every 5 days, and many of those will be full length movies, either in one segment or divided, some put up on Youtube with links to the rest of the stories on other sites.

Copyright laws are dead, a dinosaur, like video killed the radio star, internet is killing the copyright star. Get over it! You will still be able to sell your works, just do it without the socialist copyright government protection. Free enterprise will prevail! The other option is a dark and unfriendly sky, reminiscent of Nazi Germany, Stalinist era Russia, and Communist China, a place where men and women will be arrested and sent to prison for simply writing a book, making a movie, and singing a song.

Mandala is an art form that utilizes geometric shapes and colors, circles, squares, pyramids, etc. and a computer program could theoretically create billions of mandalas include animal and plant shapes and have it all completed and available for copyright in a matter of days. While the traditional system involved hand crafting that could take days even weeks for one mandala to be created. Is not the computer and internet the death of mandala art as we know it? All art and music can be easily demonstrated as limited. There isn’t really an infinite number of copyrightable things and those that claim it so are little more than snake oil vendors and cons.

In Answer to Copyright is Dead

In reply to Anticopyright King 5

This BJP newsworthy article importantly informs other's about the reprehensible behaviour of some conglomerates in the photographic industry who on the one hand protect their copyright but on the other abuse an individual's copyright - nothing else.

One company mentioned is owned by one of the world's largest private equity firms. I would imagine AFP's profits are not to be sniffed at either.

My chosen means to pay towards our mortgage, keep warm, eat and support our family, is professional photography. One of my mates chose plumbing to support his family. We are both highly skilled in our respective industries. Neither of us has the luxury of working for free in your dream world.

He estimates all of his plumbing tools cost approx £5,000. My photographic equipment costs are approx 6.5 times greater. This doesn't including motor vehicle running costs, camera insurance, accommodation, basic sustenance airport parking fees, and flight costs.

Your Mandala and snake oil comments………..

"A computer programme could theoretically create billions of mandalas…………

A computer programme cannot capture moments which occur within a thousandth of a second, an illustrator with pen and tablet can interpret hostorical moments on a computer after the event.

"All art and music can be easily demonstrated as limited. There isn't really an infinite number of copyrightable things and those that claim it so are little more than snake oil."

Limited by what, limited to what?

You have become too hung up on the term copyright only in relation to exclusivity. Most professional photographers' and companies pursue copyright to be paid for their costs and time, to protect their business and not to claim damages because someone has copied their work - save a few rare notable cases where talentless rip-off merchants have so obviously copied material to benefit their bank account.

Daily life goes on and is there to be documented regardless if it has all been done before. Unknown animal behaviour has recently been witnessed and recorded. I will guarantee that new insect species will be discovered and photographed.The majority of war images captured today will look different from those captured only a decade or two ago - unless the only subject depicted is of a naked body. A professional sports competitor will change in appearance with age, their fashion and sports equipment will soon date.

"Video kill the radio star"

Please explain then why more radio stations then ever before in the UK have been created in recent years? There are 64 DAB radio stations in London alone. In 2012 three BBC radio stations attracted record audiences. The advent of television was supposed to kill off radio.

The internet has not caused the demise of photography and other creative services, but people's selfish actions have and continue to devalue photography - those who disrespect other peoples costs and time because they cannot resist the temptation to steal property for their own use at the touch of a button. Also from hobbyists who can afford to give images away for free and the monopoly of three main stock image libraries who dominate world sales through draconian terms and derisory fees to their contributors.

I pursue all commercial theft of my work to help cover my running costs and time. In all cases, bar one, the companies have paid in full. I will pursue individuals - I don't recall beer, fags (except in Cuba) and many other frivolous products being offered to the public for free on a routine bases.

There are thousands of pictures made generously available for free use on the internet. In addition to free images there are millions of images licensed for less than the price of a cappuccino at Starbucks. If free or 'cheap as chips' work does not meet peoples requirements then I would highly recommend they produce their own work.

Fortunately for me sports images of professional athletes require accreditation, many images are not repeatable and become historical documents.

I don't recall any other professional tradesmen who have offered to carry out work for us for free.

People have as much right to be paid for their photographic investment, time and skill, regardless that the property is merely intangible (digital image), as any other profession that mankind has created.

Long Live the Kind

Anticopyright King 5.

You're comment will be especially amusing to AFP/WaPo who will be paying more than a million by the time this is over. Their legal fees, Morel's legal fees and damages. The legal fees alone will be North of a million.

Copyright Law is dead. Long live Copyright Law.

Re the author's summary. Even is a Jury finds Getty is a "service provider" for purposes of the DMCA "safe-harbor" that doesn't mean Getty will satisfy the various requirements that a service provider must satisfy for receive the protection of the "safe-harbor" against infringement liability.