[CR]Using someone else's images


Example: Racing:Jean Robic

From: "John Barron" <jb@velostuf.com>
To: <classicrendezvous@bikelist.org>, <sadiqgill@gmail.com>
Date: Mon, 18 Feb 2008 17:18:46 -0600
Thread-Index: AchyhJxBRTAYerQNRVqlXd4QDkgJ0A==
Subject: [CR]Using someone else's images

Sadiq-

I thought that Robert was complaining about Jon using his scanned images. Of course Robert doesn't have any copyright on a catalog that was published long ago, but if he went to the trouble of scanning it, expending time, expertise and energy, aren't those images protected?

John Barron Minneapolis

Date: Mon, 18 Feb 2008 17:07:57 -0500

From: "Sadiq Gill" <sadiqgill@gmail.com>

To: "R.S. Broderick" <rsb000@hotmail.com>

Cc: Dale Brown <oroboyz@aol.com>

Cc: "classicrendezvous@bikelist.org" <Classicrendezvous@bikelist.org>

Subject: Re: [CR]An Open Letter To Jon Fischer / VeloBase And The CR List

Message-ID: <c76dc510802181407q72356e90w19c3690c55b46413@mail.gmail.com>

In-Reply-To: <c76dc510802181353ic40350ai5d3d61f1b4d19110@mail.gmail.com>

References: <BLU135-W439A750EF37CEAC0B35C2E85210@phx.gbl>

<BAY109-W41B2C5C726BBB39BF354EC9C210@phx.gbl>

<c76dc510802181353ic40350ai5d3d61f1b4d19110@mail.gmail.com>

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Message: 9

Mr. Broderick.....

Although I can appreciate that you are pissed at someone for hijacking

your effort and not to burst your proverbial bubble.....but---as someone who

kinda sorta does some of this for a living---I think your copyright analysis

is flawed for several reasons. First and foremost, old catalogs may or may

not be copyrighted depending upon their country of origin and how all of

that was handled here in the states (if at all). I am guessing that much is

public domain either by time or non-enforcement. Secondly, even if the work

is properly copyrighted and you have a obtained permissive use, it is not

your copyright to enforce. As a permissive user you have no rights other

than those of your limited license. Lastly, and probably most fatal to the

whole analysis is the fair use exception--which I would hazard a guess that

parts and public sales info falls well within for the purpose of what the

the VeloBase web site is undertaking. The fact of the matter is that the

catalogs when issued or distributed had little or no commercial value. The

value of the material was collateral to the parts and bikes that were being

sold and distributed. Take a look at :

*Kelly v. Arriba Soft Corporation* (280 F.3d 934 (CA9 2002) *withdrawn*,

re-filed at 336 F.3d 811(CA9 2003). Has to do with a search engine

publishing thumbnails of a photographer's work; but, directly analogous to

this set of facts.

Take care,