Sasabe2, I went to the URL http://www.photolaw.net/faq.html you suggested. The key here is FAIR USE as it applies in this situation. And, how much DAMAGE did the copyright holder incur. The photo in question wasn't for retail sale, and most likely was not going to be sold for example, ad agencies, or for use by graphic artists withing other final products, I would think the amount of damage 'inflicted' upon Mr. Wolf wouldn't amount to very much. There is not financial loss here. Just damage to his ego.
IMHO if he his lawyers are milking money from the media, they are paying Wolf off so they don't get any bad publicity. If they go to court, they'd more than likely win. I hope some outlets will take it to court.
Perhaps Mr. Wolf is using this particular situation to enforce a principle of law which he feels very strongly about, without full consideration of the negative blow-back from the community. Sometimes it's not the reality of a situation, it's the perception
From the webpage:
Q. Are there any times that I can use a copyrighted work without risking infringement?
A. Yes. The concept of fair use permits the utilization of copyrighted materials for certain purposes. For example, a newspaper can publish copyrighted works for purposes of reporting news and a teacher can make multiple copies of certain works for classroom use without risking infringement. In order to determine if a use is fair or is an infringement, one must determine how much of the copyrighted work is used and the impact this use will have on the potential market for the copyrighted work. If large portions of a copyrighted work are used or if the use lessons the potential market for the work, there will be infringement.
Q. What are the damages for an infringement?
A. The owner of a copyright can always claim whatever damages he has actually sustained as a result of an infringement plus whatever profits were earned by the infringer from the unauthorized use of a work. In addition, if the copyright to a work which was infringed was registered with the Copyright Office either prior to the infringement or within 90 days after first publication, there are alternative damages that can be awarded. The owner of the copyright can elect to seek the greater of either his actual damages plus the profits earned by the infringer, or damages of up to $100,000 plus attorney's fees and court costs. The total damages that can be awarded by a court depends upon the degree of willfulness of the infringer.
Freethinker, You've hit the nail on the head. The copyright wasn't important until it became seen by the public. If Jon Wolf was confident it was his copyrighted property, why get another signature - after the fact?
Ok so he objects to the government sticking their noses into peoples' 'business' of buying light-bulbs but it's ok to stick the government's nose into what people buy when they get food-stamps?
Food stamps can not be used to buy liquor, or telephone, or cable services.
Seems his principles sway in the breeze of the wind emanating from his mouth.
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Then to what does this apply, "...For example, a newspaper can publish copyrighted works for purposes of reporting news."
IMHO if he his lawyers are milking money from the media, they are paying Wolf off so they don't get any bad publicity. If they go to court, they'd more than likely win. I hope some outlets will take it to court.
Perhaps Mr. Wolf is using this particular situation to enforce a principle of law which he feels very strongly about, without full consideration of the negative blow-back from the community. Sometimes it's not the reality of a situation, it's the perception
From the webpage:
Q. Are there any times that I can use a copyrighted work without risking infringement?
A. Yes. The concept of fair use permits the utilization of copyrighted materials for certain purposes. For example, a newspaper can publish copyrighted works for purposes of reporting news and a teacher can make multiple copies of certain works for classroom use without risking infringement. In order to determine if a use is fair or is an infringement, one must determine how much of the copyrighted work is used and the impact this use will have on the potential market for the copyrighted work. If large portions of a copyrighted work are used or if the use lessons the potential market for the work, there will be infringement.
Q. What are the damages for an infringement?
A. The owner of a copyright can always claim whatever damages he has actually sustained as a result of an infringement plus whatever profits were earned by the infringer from the unauthorized use of a work. In addition, if the copyright to a work which was infringed was registered with the Copyright Office either prior to the infringement or within 90 days after first publication, there are alternative damages that can be awarded. The owner of the copyright can elect to seek the greater of either his actual damages plus the profits earned by the infringer, or damages of up to $100,000 plus attorney's fees and court costs. The total damages that can be awarded by a court depends upon the degree of willfulness of the infringer.
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Food stamps can not be used to buy liquor, or telephone, or cable services.
Seems his principles sway in the breeze of the wind emanating from his mouth.