Maybe but you are using logic starting from incorrect assumptions, I am stating law, two different things. A work of nature cannot be copyrighted period. The photograph in question is of a group of 250+ year old oak trees. They stopped being a work of man a long time ago, if they ever were. No copyright applies. The road was probably a originally a dear track, once again no copyright applies. In this case I don't even have to go into materials entering the public domain. The trespass is another matter for which there can be a legal argument. However as I said, the photographer is not being sued for that.
Jack Davis wrote: > NO NO. You are separating points and misapplying the logic. > As I said below Peter, and with all due respect, I think I've taken > this as far as I care to. > > Jack > --- "P. J. Alling" <[EMAIL PROTECTED]> wrote: > > >> You entirely miss the point. You cannot claim copyright on something >> you >> hold no copyright to. If he pays it will be a miscarriage of justice >> and >> in the end all photographers will pay and pay dearly. >> >> Jack Davis wrote: >> >>> Copyright protected (against commercial image use) sights have been >>> >> in >> >>> existence for quite awhile. I wouldn't be surprised if Mr Ham pays, >>> especially due to the trespass issue. >>> Without taking it any further, if it is the sight I am guessing it >>> >> is, >> >>> it is one which is much used for commercial purposed. >>> >>> Jack >>> --- "P. J. Alling" <[EMAIL PROTECTED]> wrote: >>> >>> >>> >>>> Yes, but they're suing him for copyright infringement. That's the >>>> problem they're idiots, and if they can manage to get a court ot >>>> >> go >> >>>> along with them in the interests of justice then it hurts us all. >>>> >> The >> >>>> case as it stands should be thrown out and the proper legal action >>>> >>>> taken. That is unless he had permission to be there then they have >>>> >> no >> >>>> standing. >>>> >>>> Jack Davis wrote: >>>> >>>> >>>>> In this case, the "trespass" is the problem..what else? >>>>> >>>>> Jack >>>>> --- "P. J. Alling" <[EMAIL PROTECTED]> wrote: >>>>> >>>>> >>>>> >>>>> >>>>>> Sorry Jack you can't copyright a work of nature. They can go >>>>>> >> after >> >>>>>> him >>>>>> for trespass. Don't help the idiots any more than is necessary. >>>>>> >>>>>> Jack Davis wrote: >>>>>> >>>>>> >>>>>> >>>>>>> Mr Ham had no right to do what he did. "Private" property >>>>>>> >> rights >> >>>>>>> >>>>>>> >>>>>>> >>>>>> should >>>>>> >>>>>> >>>>>> >>>>>>> always be respected especially when privacy is to be >>>>>>> >> compromised >> >>>>>>> >>>>>>> >>>> by >>>> >>>> >>>>>>> being held up to the world to see. >>>>>>> "Privacy" and "security" are too closely related these days. >>>>>>> That being said, I'm somewhat ambivalent about being restricted >>>>>>> >>>>>>> >>>>>>> >>>>>> from >>>>>> >>>>>> >>>>>> >>>>>>> taking pictures of something which is on private property, but >>>>>>> >>>>>>> >>>> from >>>> >>>> >>>>>>> >>>>>>> >>>>>>> >>>>>> a >>>>>> >>>>>> >>>>>> >>>>>>> public property position. >>>>>>> >>>>>>> Jack >>>>>>> --- Rebekah <[EMAIL PROTECTED]> wrote: >>>>>>> >>>>>>> >>>>>>> >>>>>>> >>>>>>> >>>>>>>> Just found this interesting, what do you guys think? >>>>>>>> >>>>>>>> http://www.thestate.com/local/story/190126.html >>>>>>>> >>>>>>>> rg2 >>>>>>>> -- >>>>>>>> "the subject of a photograph is far less important than its >>>>>>>> composition" >>>>>>>> >>>>>>>> -- >>>>>>>> PDML Pentax-Discuss Mail List >>>>>>>> PDML@pdml.net >>>>>>>> http://pdml.net/mailman/listinfo/pdml_pdml.net >>>>>>>> to UNSUBSCRIBE from the PDML, please visit the link directly >>>>>>>> >>>>>>>> >>>> above >>>> >>>> >>>>>>>> and follow the directions. >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>> >>>>>>> >>>>>>> >>>>>>> >>>>>>> > ____________________________________________________________________________________ > >>> >>> >>>>> >>>>> >>>>> >>>>>>> Be a better Globetrotter. 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