Re: R.M.S. Titanic

On 98-03-26, 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?

While it has been pointed out that nobody seems to have actually seen the case, so all this talk may be irrelevant, I might as well jump into the fray with my opinion.

Unless I missed a reference to this, it seems that the judgement said that the RMS Titanic people own the right to salvage the ship and its contents. But do they own the water around it. And to what extent? 3 inches of water - or 3 miles? So perhaps no one can step onto or into the ship, but couldn't they shoot photography from say 20 yards away, as long as the don't disturb any salvage operations?

Robert Panzer
Executive Director
VAGA - Visual Artists and Galleries Association bigbusie[_at_]aol.com or rpanzer.vaga[_at_]erols.com Received on Fri Mar 27 1998 - 06:05:32 GMT