Re: Corbis and Copyright

On Oct 26, 1995 17:03:35, 'Terry Carroll <carrollt[_at_]netcom.com>' wrote:
>
> With regard to Gates' new Corbis company and copyright, here's an excerpt
> from Corbis FAQ about U.S. copyright law and its application by Corbis,
> for purposes of discussion. Corbis is on the web at www.corbis.com.
>
> - begin-quote -
> Are the images on the Corbis Web Site protected by copyright?
>
> YES. Corbis and its underlying sources hold copyrights to the images
> available online.
>
> How can Corbis claim a copyright in old photographs that are in the
> public domain?
>
> It can't. Corbis does not claim rights in underlying photographs that
> are in the public domain. We include a copyright notice on all images,
> however, to protect our copyright to the digital files that we create. In
> addition, where the copyright in a photograph or work of art is still in
> force and is held by another creator, we consider it part of our job to
> protect the interests of that artist as well. Ideally, we wouldn't have
> to detract from the viewing experience by adding a copyright notice at
> all, but protection of intellectual property in a networked environment
> is uncertain right now, and we don't want to take chances.
>
> How can I use the images I see?
>
> Corbis viewers are allowed to browse and download images, but only for
> personal use. Any other use (e.g., making multiple copies, displaying
> images publicly, redistributing files electronically or using images for
> personal or corporate gain) required permission from Corbis. Commercial
> use of any Corbis image without permission would constitute copyright
> infringement and might infringe other rights.
>
> - end-quote -
>
> The rest of the FAQ has some interesting bits, too, but I don't like the
> ironic effect of posting a copyrighted document in toto. I'm not sure I
> agree with all Corbis' views on what rights a copyright in a digital file
> provides, but I'll leave that to the fray.
>
> I do find it interesting that Corbis asserts that "protection of
> intellectual property in a networked environment is uncertain right now,"
> and apparently feels that adding a copyright notice strengthens its
> rights somehow, in light of the limited effect of notice post-Berne.
>
>
> --
> Terry Carroll | Go Cleveland Indians:
> Santa Clara, CA | American League Champions &
> carrollt[_at_]netcom.com | Best Finishing Record in 1995 MLB
> carroll[_at_]aimnet.com | 100-44

Terry: As an aside, we often tell clients while the law does not necessitate the old fashioned notice, put the notice anyway as it serves to tell the public you are aware of your rights and intend to protect them. I for one am not surprise that Corbis effectively does the same.

-- 
 
harley 
harley i. lewin 
Lewin & Laytin 
Intellectual Property Protection and Issues of 
Trade on a Global Basis 
Lewin & Laytin, PC 
1776 Broadway 
New York, NY 10019 
tel 212.586.3490 
fax212.956.3972