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Sheila Smart

UK Gov - IPO take on "myths" regarding rights grab

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Still a load of rubbish and lots of unanswered questions;

 

1. How do will they know what licensing agreements are in place for the image? Especially exclusive licences.

2. How will they know any model restrictions on the images?

3. How will they know any property restrictions on the images?

4. How will they know any territorial restrictions on the images?

5. How will they know what is the nationality of the photographer?

6. How will they know any legal restrictions on use of the images (court orders etc)?

 

The answer is they can't. As soon as they start to license orphan works, they are so many law suits waiting to happen.

 

Andrew

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I must be missing something here. Can anyone explain to me the need for this legislation and what motivated the Government to introduce it?

 

It seems to me to be a bit analagous to finding an unlocked car and not seeing anyone in the vicinity to appropriate it for myself and drive off. Simplistic I know but what was the issue with the prior legislation?

 

Richard

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I must be missing something here. Can anyone explain to me the need for this legislation and what motivated the Government to introduce it?

 

Richard

 

It is normally academic institutions that want Orphan Works legislation so that they can catalogue / archive work for which there is no owner.

 

However, it seems that this has been extended more into the commercial sector allowing companies to do similar.

 

Andrew

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The answer is they can't. As soon as they start to license orphan works, they are so many law suits waiting to happen.

 

Andrew

Then they won't be licensed. Nor will anything much from the modern era because no-one can assert that an image obviously taken in the last few decades is, or might be, out of copyright. There isn't even a licensing body yet and when there is it's not going to be putting itself in harm's way.

The Canadian examples are mostly that sort of age- nothing younger than 40 years or so.

 

Ooh, folk have been pressing my buttons. Sorry but I won't be pressing theirs.

Edited by spacecadet

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As each individual image will need a diligent search for the author, and if not found, an application for that image to be classified as an orphan work... it's not exactly going to be impacting much unless it is of historic intererest or considerable value. It looks as if there will not be any mechanism by which any commercial company can say 'we have all these JPEGs on our server and don't know where they came from'.

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I must be missing something here. Can anyone explain to me the need for this legislation and what motivated the Government to introduce it?

 

Richard

 

 

I wish the government would keep their grubby fingers out of things that don't concern them and concentrate on running the country.

:angry:

 

Allan

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If the government had kept its grubby fingers out of copyright in 1734 there wouldn't be any.

Edited by spacecadet

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In that case if something is working don't fix it.

 

Allan

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