There is at least one difference. The computer file can easily be copied,
even if nobody sees the image. In contrast, the film must be developed
before it can be copied.
However, the discussion is starting to convince me that the film may indeed qualify for a broader reading of the statute language. I still have a problem with "expression", though, because the developing process itself tends to control some aspects of how the image looks. Thus, I can underdevelop, overdevelop, etc. the image, and get a different image. Thus, until the image is actually developed, are we really sure what it is? And if we can't be sure what the image is, what, exactly, are we protecting?
In contrast, a digital file should be reliably reproduced by any viewer that follows the proper file format standards.
Accordingly, there are at least some arguable differences between developing film and displaying an image from a digital file. The question is, are those differences legally relevant?
-Bodi
> Bodi:
>
> As I said previously, the issue has been litigated, involving ROM's from
> Apple computer, that were copied without ever being "read" by any human.
The
> courts specifically declared that a copyright violation.
>
> I think the holding would be extended to anyone who copied "undeveloped
> films" or "unviewed digital pictures" et al.
>
> Roland Cole
>
>
> > ----- Original Message -----
> > From: "Michael Graham" <mgraham[_at_]marshallip.com>
> > To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
> > <CNI-COPYRIGHT[_at_]cni.org>
> > Sent: Thursday, August 19, 2004 3:20 PM
> > Subject: [CNI-(C)] Re: How about a latent image?
> > It must be a tangile medium of "expression". That implies some access,
in
> > my view. I doubt that this has ever been litigated though, because who
> > cares? Until access can be proved, there can be no copying, and thus no
> > infringement. The only point would be determining the protection time
> > period, and it is rare that film will sit for years before being
> developed.
> > So this may never be settled.
> >
> > -Bodi
> >
>
>
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Received on Tue Aug 24 2004 - 19:54:59 GMT
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