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Weekly Chatter:ACR Color Space?
Monday September 20, 2004
by Imaging Revue Experts and Staff

Each and every week, Imaging Revue offers non-members a tantalizing taste of the information available in our forums. Make sure to check out the entire list.

Weekly Chatter:Win XP Service Pack 2
Monday September 13, 2004
by Imaging Revue Experts and Staff

Each and every week, Imaging Revue offers non-members a tantalizing taste of the information available in our forums. Make sure to check out the entire list.

Unsharp Mask Demystified
Thursday September 9, 2004
by Ellen Anon

"Ask any number of digital photographers the settings they use in Photoshop’s Unsharp Mask filter (USM) to sharpen their images and that’s the number of different responses you are likely to get. Because of this a significant number of people turn to plug-ins to do their sharpening for them. However once you understand the basic principles involved in using the USM it is fairly easy to make it work predictably and effectively."

Weekly Chatter:External hard drive recommends
Tuesday September 7, 2004
by Imaging Revue Experts and Staff

Each and every week, Imaging Revue offers non-members a tantalizing taste of the information available in our forums. Make sure to check out the entire list.

ImagePrint 6 Notes
Thursday September 2, 2004
by Mitch Alland

I am pleased to see that the new ImagePrint manual for v6 is a great improvement over earlier versions and is, in fact, excellent. The extensive Troubleshooting Guide section is a good addition. Also, as program installation has been simplified, I believe that most questions on IP problems that come up on online forums can now be answered by suggesting, in the best Unix tradition, that the user "look it up in the manual...." These notes are based on ImagePrint 6 build 1.08. If you are using a later build some of the issues and glitches discussed below may have been fixed, as ColorByte is aware of all of them.

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Business Issues > Burning Issues and Expert Opinions > Amicus Brief for Faulkner et al v. National Geographic

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AuthorSubject: Amicus Brief for Faulkner et al v. National Geographic   [Go to Bottom of Page]
Seth Resnick
Posted on Sat Dec 20, 2003 7:34 PM

Faulkner et al v. National Geographic

Ladies and Gentleman:

Our intellectual property is once again at risk and we need your help to protect it. The decision handed down on December 11th in New York in Faulkner et al v. National Geographic is one that could potentially have a devastating impact on the livelihood of photographers and all independent authors of creative works. This case has stunned the nation's copyright attorneys. The case has gained as much media attention as the National Geographic's CD-ROM case. The original dispute began when National Geographic produced a CD-ROM set of 30 discs containing all the images and content in 108 years of National Geographic Magazine print editions without payment or a license to do so from the original artists. A group of photographers filed copyright infringement suits against NGS when the CD-ROM collection containing their images was sold as the Complete National Geographic (CNG) without a license from the photographers.

In Florida Jerry Greenberg was the first photographer to file suit, and he prevailed. The U.S. Court of Appeals for the 11th Circuit in Atlanta ruled that Geographic violated copyright by creating and selling the CNG CD-ROM package without a license to do so from Greenberg. Douglas Faulkner, Fred Ward, David Hiser, Louis Psihoyos and others filed similar claims. In striking contrast to the Greenberg decision, on December 11th the U.S. District Court for the Southern District of New York dismissed claims by Faulkner et al.

It is critical that this decision be challenged and that the voices of creators be heard. The potential interpretation could lead to publishers producing new products of collective works without payment of additional licensing fees to the photographers, writers and illustrators. This will have an impact on every photographer in the country, including advertising and corporate photographers. Why? Because if this ruling is allowed to stand any additional usage of material, as long as the content isn't substantially different from the original, may be allowed. This means the ad agency that wants to use an ad on the web and the corporation that wants to put their annual report up as a PDF may be allowed to do so without having to pay creators for the additional use. Further, this could be interpreted by some to include translations into other languages, reprints, foreign licensing agreements and other secondary uses.

This case hinges on what will become the legal definition of a "revision" as it pertains to copyright law on the digital frontier. What at first glance may seem to be legal hairsplitting will in fact have huge ramifications as to how our clients will be able to use and distribute our work, and whether we will be entitled to compensation for it. This case is every bit as important and substantial as Tasini v. The New York Times case, and could potentially hit all owners of intellectual property with an even deadlier blow. We can't afford to sit back and wait. This calls for immediate attention and support.

This case isn't about a couple of individual photographers or even photographers in general. This case will have dramatic impact on everyone who creates copyrightable material for licensing. We as a unified group must show Judge Kaplan that this decision was wrong and will have a negative impact on the Copyright Act and on all case law pertaining to every form of intellectual property.

The various photographers in the several pending lawsuits are planning to appeal, and the Executive Board of EP feels that the potential impact of this case warrants the need for multiple Amicus Briefs. We are pleased that ASMP is planning on writing one and we at EP have initiated work on our own. While the cost is significant, we feel that the importance of this case makes it imperative to use our resources to make this statement. We urge each of the trade organizations and stock agencies to consider working on their own Amicus Briefs with the photographers' attorneys. According to attorneys, multiple Amicus Briefs will send the most powerful message to the court: We can't emphasize enough that it is crucial for our voices to be heard.

Please feel free to pass this letter to any organization representing the rights of creative artists.

Sincerely,

The Executive Board of EP

Seth Resnick, President; sethres@sethresnick.com
Paula Lerner, Vice President; paula@lernerphoto.com
Andrew Buchanan
Ed Caldwell
Rich Frishman
Jason Grow
Shawn Henry
Richard Morgenstein
Rick Rickman
Brian Smale
Brian Smith
Jennie Zeiner


... this thread contains expert advice from Seth Resnick.




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