Re: R.M.S. Titanic

On Wed, 25 Mar 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?

That all sound fine but in this case the pictures are not taken from the property but the seas above and around it. In law what happens when I photograph your waterfall from a helicopter and don't touch the ground?

Cheers

MIc

Mic L. Porter, Senior Lecturer/Consulting Ergonomist University of Northumbria at Newcastle
Newcastle-upon-Tyne NE1 8ST (United Kingdom) (+44)/(0)191 227 3155 (voice) (+44)/(0)191 227 4655 (fax) <mic.porter[_at_]unn.ac.uk> Received on Fri Mar 27 1998 - 08:48:35 GMT