I have a question for you or maybe it's just a thought or perhaps just an observation or perhaps even just a little venting. Let me ask you all this: Would you consider it legal to take a picture of something that is located in a public area - where you could have no possible reasonable expectation of privacy - say a park, a sports arena or any other venue such as these? Would it be legal to use this photograph as you deem fit? The answer to these questions would be an emphatic YES! It is legal. If you are in an area such as these then you could not possibly have any reasonable expectation of any type of privacy. You must consider yourself in the public view and either behave accordingly [no streaking please!] or hide what you do not want to be seen [sorry, those toupees don't hide a thing!] Now, on the other hand, for example, if you are in a closed room [you know the kind...four walls, a ceiling and floor - perhaps even padded a little!] then you can have some reasonable expectation of privacy. My point being this. If it is in the public view ... then it is not private nor should it be considered so. But! If someone has to go over and beyond what is considered "normal" ... say ... scaling a fence, doing a little B&E or bribe someone in order to get something then I would say that you are doing something a tad bit illegal. So, if it is easily gained then it cannot possibly be private. I realize some of you are like...what?...what is she going on about? Suffice it to say, someone out there apparently wants to be a lawyer and thinks they know copyright laws. But before they speak please - oh please - GO TO LAW SCHOOL!!! Or at least, have the courtesy to email me with your name so we can have a discussion about what is legal and what is not. I tell ya, sometimes I just want to smack someone upside the head ... but Anon won't let me know who they are!!! Ok, this being said - Enjoy! PART 2 of 2.
Thursday, February 28, 2008
Part 2 and a Little Venting
I have a question for you or maybe it's just a thought or perhaps just an observation or perhaps even just a little venting. Let me ask you all this: Would you consider it legal to take a picture of something that is located in a public area - where you could have no possible reasonable expectation of privacy - say a park, a sports arena or any other venue such as these? Would it be legal to use this photograph as you deem fit? The answer to these questions would be an emphatic YES! It is legal. If you are in an area such as these then you could not possibly have any reasonable expectation of any type of privacy. You must consider yourself in the public view and either behave accordingly [no streaking please!] or hide what you do not want to be seen [sorry, those toupees don't hide a thing!] Now, on the other hand, for example, if you are in a closed room [you know the kind...four walls, a ceiling and floor - perhaps even padded a little!] then you can have some reasonable expectation of privacy. My point being this. If it is in the public view ... then it is not private nor should it be considered so. But! If someone has to go over and beyond what is considered "normal" ... say ... scaling a fence, doing a little B&E or bribe someone in order to get something then I would say that you are doing something a tad bit illegal. So, if it is easily gained then it cannot possibly be private. I realize some of you are like...what?...what is she going on about? Suffice it to say, someone out there apparently wants to be a lawyer and thinks they know copyright laws. But before they speak please - oh please - GO TO LAW SCHOOL!!! Or at least, have the courtesy to email me with your name so we can have a discussion about what is legal and what is not. I tell ya, sometimes I just want to smack someone upside the head ... but Anon won't let me know who they are!!! Ok, this being said - Enjoy! PART 2 of 2.
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9 comments:
Thank you for these. I will have use for them in December (yay!)
Thank you for all you share!! So sorry you have to put up with people lie the one you mention. I believe the way you do!!
Thanks for these great disney papers etc. I think they better start building another prison.....for all of us scrapbookers who keep "pinching" these "private" designs. I notice you have no lack of download numbers.....I'm waiting for that knock on the door....the scrapbooking police to come and check my computer.
Keep going....you do a wonderful job. I also would like something High School Musical, something fun fairish like carousels and other such things.
Thank you for another lovely kit. You know what I want to tell ANON??? GET BENT (lol)!!!!
We appreciate all you do and hope your weekend is FAB. Another thing, does ANON have nothing better to do than come here and harass you? They need to get a life. Obviously they are here downloading your awesome stuff too. I wish you could block them from downloading.
Hugs,
Jonni
:)
People need to get a life and butt out! If they don't approve of what you do, what your post, and what you share, then they need to stay away. It is none of their business. Noboby is forcing them to click on the download button. Thanks for all you do!!
-Lauren
Thank you so much for these wonderful disney papers. I have so many disney photos to scrap and so glad to have options so they don't all look the same.
Several other designers who make freebies, with NO PROFIT being made, have had Anonymous posters who can blame but not identify themselves.I'm sorry you have had this experience.Thank you for being able to do what in photoshop confuses me totally.Your talent and generosity is appretiated~~Anne
You are wonderful! You write what I am thinking and word it so wonderful. Thanks for all your downloads! DJ aka Scrapragous
Would you consider it legal to take a picture of something that is located in a public area - where you could have no possible reasonable expectation of privacy - say a park, a sports arena or any other venue such as these? Would it be legal to use this photograph as you deem fit? The answer to these questions would be an emphatic YES!
Ok, just to play devil's advocate here. That's actually not true. The fact of the matter is that when someone creates something, they automatically own it and the rights. If you were out in public and you took a photo of an artist's painting and then sold postcards of said painting, you would be infringing. While it IS extra precaution to register your artwork with the copyright office, it is not necessary. Those rights are intrinsically yours. Also, if you were to take a photo in a public place and any faces were noticeable in the photo and you published said photo, you could be sued by any of the people in the photo without a proper model release. The same goes with property as you would need a signed property release from the person who owns the land for that specific date and time the photo was taken. People like to think that just because it is out in the open it's fair use. That doesn't fall under the copyright's example of fair use.
Now, are you infringing even though you are not profiting from your freebies? It's hard to say. Technically you are still publishing because you are putting it on the web. It's not against the law to use them for personal use, so you're walking a fine line, you know?
Just wanted to clarify that little bit of info because copyright law is often misconstrued.
Completely and totally NOT anonymous,
Autumn Hernandez
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