[SML] photo rights

[Stuart Baulch]

Reminds me of this from five years ago:

*Filming Transformers 3 Being Filmed Violates Copyright, Studio Claims*

ON MONDAY BUSINESS strategist Ben Brown was in a meeting in a downtown Los
Angeles office building when he heard a commotion outside the window. When
he looked down, he saw the alleyway had been closed off to shoot an
exterior scene for a movie — a common enough sight in L.A.

But this movie was more than meets the eye. “I immediately recognized it,”
says Brown. “‘Oh my God, it’s Transformers!'”

It turned out Brown was witnessing one of the first days of filming for
Transformers 3. A fan of the toy-inspired robot franchise, he whipped out
his iPhone and captured about 3 minutes of video showing a film crew
standing around, followed by three pretty awesome seconds of a hydraulic
lift flinging a car 100 feet down the alley.

Brown says he posted the video to YouTube, where it was soon accumulating
1,000 views an hour after being spotted by entertainment sites.
Unfortunately, it was also apparently spotted by Paramount Pictures, the
production company behind Transformers. Brown says Paramount promptly
issued a take down notice to the Google-owned YouTube, which
unceremoniously yanked the video and warned Brown that repeated copyright
violations would get him banned.

http://www.wired.com/2010/05/filming-transformers-3-being-filmed-violates-copyright-studio-claims/

On 21 April 2015 at 19:47, Richard Niederberg via Stagecraft <
stagecraft at theatrical.net> wrote:

> Dear Brian,
> To quote Nancy Reagan, "Just Say NO". If a site wants your secret photo of
> next year's car enough, they'll agree to your terms. Otherwise, another
> site will. Magazines love to scoop each other. Rules? In a knife fight? NO
> RULES!
> /s/ Richard
> _________
>
> On Tue, Apr 21, 2015 at 3:33 PM, B. H. Ackler via Stagecraft <
> stagecraft at theatrical.net> wrote:
>
>> You might retain the copyright, but many hosts/websites include in there
>> "fine print" their claim that by posting the photo or any photos linked to
>> that photo that they have unrestricted right of usage, including the right
>> to sell usage of that copy.
>>
>> That is why so many professional photographers have closed down their web
>> pages or the page only includes one or two photos and detailed contact
>> information.
>>
>> Bryan H. Ackler
>> Portland, Oregon
>>
>> On 4/21/2015 12:00 PM, stagecraft-request at theatrical.net wrote:
>>
>>> Date: Mon, 20 Apr 2015 15:28:29 -0700
>>> From: Richard Niederberg<ladesigners at gmail.com>
>>> Subject: Re: [SML] photo rights
>>>
>>> As some one who has spent years on the bench of the LA Superior Court,
>>> and
>>> seen a lot of Celebrity v. Paparazzi cases trot by, I can say the the
>>> Paparazzi almost always win when a celebrity tries to get a stay-away
>>> order. Essentially, if you are 'Lawfully at the looking place' (legal
>>> jargon), you can shoot whatever you want. People, NOT cars, possess  a
>>> right to publicity. Someone must prove financial loss to get a judgement
>>> against you. Selling a copy of your picture could be troublesome, but you
>>> could still copyright it - "Anybody can copy an original; nobody can copy
>>> the copy". In other words, you could take the picture, but perhaps not
>>> sell
>>> it or post it on the Internet. Taking a picture out the window of your
>>> car
>>> on a public street is usually OK, unless the Secret Service or other
>>> Agency
>>> thinks that you are violating National Security. People get 'roughed up'
>>> for doing that and can be held pending their figuring out what you were
>>> up
>>> to.
>>> /s/  Richard
>>>
>>
>> ____________________________________________________________
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>>
>
>
>
> --
> /s/ Richard
> _________
>
> ____________________________________________________________
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>
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