RE: filmscanners: OT: Copyright on Photo's

["LAURIE SOLOMON" <LAURIE@advancenet.net>]

>I believe catalog use (for sales) is usually considered "fair use", and
>protected from copyright infringement.

I don't think so Art. The qualifier here is the fact that the owner of the
prints being sold happens to be the one advertising them via use of the
image or is authorizing an agent to promote the sale of those prints via the
use of their image. The use of the image is not what is being sold here; nor
are reproductions of the advertised prints being sold.  That, I believe, is
what makes this a special case.

-----Original Message-----
From: owner-filmscanners@halftone.co.uk
[mailto:owner-filmscanners@halftone.co.uk]On Behalf Of Arthur Entlich
Sent: Saturday, July 21, 2001 4:49 AM
To: filmscanners@halftone.co.uk
Subject: Re: filmscanners: OT: Copyright on Photo's


I believe catalog use (for sales) is usually considered "fair use", and
protected from copyright infringement.  You might wish to place a
watermark through the image, so the digital file is not reproducible in
any realistic manner.

Art

LAURIE SOLOMON wrote:
>
> Technically no; but you can probably get away with it if you make them low
> resolution thumbnails, since you are using the images to advertise the
> selling of supposedly legitimate original prints or copy prints which the
> scans represent and not the scans themselves or prints made from the
scans.
>
> -----Original Message-----
> From: owner-filmscanners@halftone.co.uk
> [mailto:owner-filmscanners@halftone.co.uk]On Behalf Of Frank Nichols
> Sent: Friday, July 20, 2001 8:45 PM
> To: Filmscanners@Halftone. Co. Uk
> Subject: filmscanners: OT: Copyright on Photo's
>
> I know this is off topic, but since so many members here that produce
> photo's commercially I hope you can answer a question for me.
>
> I purchased a set of 4 Landscape Prints at an auction a couple days ago.
It
> is my intention to sell them on eBay, however, they are un-signed so I am
> not to optimistic.
>
> My question is: "Can I scan them, and display a small picture of them on
> eBay for advertising without violating the copyright of the original
> photographer?"
>
> TIA,
>
> /fn