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Thread: Gallery owner arrested for forged and stolen Ansel Adams photographs

  1. #81

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    Re: Gallery owner arrested for forged and stolen Ansel Adams photographs

    Quote Originally Posted by bdkphoto View Post
    ASMP is fully informed on international copyright law, and how it applies to our profession.
    The ASMP guide only covers U.S. copyright law and U.S. copyright process. It dos not accurately reflect the situation in civil law jurisdictions, which is the system of law in the whole of Europe except the U.K. I haven't looked into it myself, but a common example of the differences is that commercial photography of the Eiffel Tower at night, if done without permission, violates copyright.

    One of the important U.S. copyright defences is Fair Use. Canada and the U.K. have a concept called Fair Dealing which is analogous, but Fair Dealing is not identical to Fair Use and the Canadian and U.K. rules on Fair Dealing are not themselves identical. I don't know what the situation is on this question in Australia and New Zealand.

    It is simply not the case that the U.S. creates copyright law for the entire world. Other countries have their own national legislatures and their own ideas on copyright protection. This is why Hollywood and other U.S. entertainment industry interests, which have the U.S. Congress in their pocket, are constantly complaining about copyright protection elsewhere.
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  2. #82

    Join Date
    Mar 2022
    Posts
    64

    Re: Gallery owner arrested for forged and stolen Ansel Adams photographs

    "The ASMP guide only covers U.S. copyright law and U.S. copyright process. It dos not accurately reflect the situation in civil law jurisdictions, which is the system of law in the whole of Europe except the U.K. I haven't looked into it myself, but a common example of the differences is that commercial photography of the Eiffel Tower at night, if done without permission, violates copyright.

    One of the important U.S. copyright defences is Fair Use. Canada and the U.K. have a concept called Fair Dealing which is analogous, but Fair Dealing is not identical to Fair Use and the Canadian and U.K. rules on Fair Dealing are not themselves identical. I don't know what the situation is on this question in Australia and New Zealand.

    It is simply not the case that the U.S. creates copyright law for the entire world. Other countries have their own national legislatures and their own ideas on copyright protection. This is why Hollywood and other U.S. entertainment industry interests, which have the U.S. Congress in their pocket, are constantly complaining about copyright protection elsewhere."




    ASMP is fully versed in international copyright law and the differences that occur from country to country - The Berne convention sets out the minimum requirements that all the signatory countries must adhere to for international copyright law. ASMP has always worked directly with our international counterparts and copyright organizations in Europe, and through the world - we've had a direct presence at the international meetings and conferences over the years - so yes we understand all of this, it is literally part of our mission, and job requirement for our in-house council. We have many members that work internationally and we (ASMP) can help them navigate the myriad issues that can occur for international working photographers.

    You could probably benefit from joining, you'll get much better business, legal, and technical advice than here or on Youtube.
    http://brucekatzphoto.com

    Original join date 2008...

  3. #83

    Join Date
    Jan 2007
    Location
    New York
    Posts
    2,673

    Re: Gallery owner arrested for forged and stolen Ansel Adams photographs

    Quote Originally Posted by bdkphoto View Post
    ASMP is fully versed in international copyright law and the differences that occur from country to country - The Berne convention sets out the minimum requirements that all the signatory countries must adhere to for international copyright law. ASMP has always worked directly with our international counterparts and copyright organizations in Europe, and through the world - we've had a direct presence at the international meetings and conferences over the years - so yes we understand all of this, it is literally part of our mission, and job requirement for our in-house council. We have many members that work internationally and we (ASMP) can help them navigate the myriad issues that can occur for international working photographers.

    You could probably benefit from joining, you'll get much better business, legal, and technical advice than here or on Youtube.
    Hi Bruce,

    I was talking about the free guide which until now was the subject of the discussion. I have no doubt that ASMP members can get access to excellent advice, including case specific advice, for jurisdictions other than the U.S. That said, I think that it's useful to point out that "legal discussions" on this forum tend not to take into account the fact that other countries and legal systems can have different rules from what is the case in a poster's local U.S. experience.
    Arca-Swiss 8x10/4x5 | Mamiya 6x7 | Leica 35mm | Blackmagic Ultra HD Video
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