Re: R.M.S. Titanic

On Thu, Mar 26, 1998, Tyler Ochoa <tochoa[_at_]law.whittier.edu> wrote:
>
> The following hypothetical may help clarify my explanation.
> Suppose I own a big ranch in Montana with a spectacular waterfall in
> the middle of the property. The waterfall isn't visible from the
> boundary, so anyone who wants to take a picture of it has to come onto
> my land. There is little doubt that I can fence off the land to prevent
> trespassers, and condition access to the property in any way I want.
> I can invite visitors to see the waterfall, but prohibit the use of
> cameras. I can invite photographers to photograph the waterfall, but
> condition their right to do so on assignment of the copyright. I can
> probably even get an injunction against anyone trying to enter the land
> to take a photograph (but that might be considered an unlawful prior
> restraint).
>
> The tough question is: if someone violates the prohibition on
> cameras and takes a photograph anyway, or if someone trespasses onto my
> land and takes a photograph, can I claim a copyright in the photograph?
> Can I claim loss of copyright income as damages for trespass or breach
> of contract? Or would a court hold the contract was an invalid restraint
> of trade, and that damages for trespass do not include intellectual
> property? I imagine different judges would view it very differently.
> [If there was an express written agreement to assign the copyright,
> however, I'm pretty sure it would be enforced.]
>
> That's what the salvors of the Titanic are trying to do: they are
> trying to use the established property right of salvage to require
> authorization and impose conditions upon others who visit the wreck, so
> that they can control the copyright in any photographs that are taken.
> Anyone want to rent a submarine, take some photos, and try to test it
> in court?

The only problem i have with this scenario is that it involves actual physcial property to be crossed in order to photgraph the waterfall. What about a situation where someone got in a helicoptor, flew over the property, and without ever once seeting foot on land, took numerous pictures of the waterfall. I see the Titanic situation as similar. No I don't not profess to know a single thing about admiralty or the rules governing salvage and if they included provisions whcih prevent others from coming within a certain number of feet of the object, but it seems to me, going by what my gut tells me, that because the Titanic is sitting as it is in international waters it is in "public view" much as any other object or building and so long as you do not intrude into the physical object itself, you may hover around outside and take pictures to your hearts content.

Just me 2 cents.

Rob Jones
<rjones[_at_]robjob.com> Received on Thu Mar 26 1998 - 21:26:33 GMT