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Author Topic: Use of video/scan to present a complete work of Art (photobook)  (Read 814 times)

cfocket

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Hi everybody,

It's my first post here, I'm a web developer and a programmer wondering about copyright infringement on the web.

I especially wonder about the use of photos and video to showcase a complete work of art such as a photobook.

I see a lot of bloggers who present photobooks to their audience showing a complete video of the full book.

A concrete example is a POV youtube video of a fan who goes through all the pages of the Robert Frank's book, The Americans.

Still, the user states that "NB: No copyright infringement intended. I am a fan of Robert Frank's work, I love photo books, and I hope this video will inspire people to purchase photo books as well."

My question is : is there any legal right for the publisher to ask for the video/scan to be deleted ?

Thanks a lot for your time.

Kind regards
Clem
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artchain

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Think about what copyright means, at the most basic level.  You can't copy another person's work, except for very specific exceptions.

The video, although it is a different media, is certainly copying and presenting the original work.

It doesn't matter what disclaimer the "fan" puts on it.  The publisher would have every right to have the material taken down, and in fact to sue the person who posted it for copyright infringement if they chose to do so.

If you are a web developer, you really need to have a working understanding of copyright law.  There are some good resources at:

http://www.copyrightsafeguard.com/

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cfocket

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Thanks a lot,

Copyright Safeguard is also a great help.

Still, I wonder about the notion of "Fair Use". As I understand a partial reproduction of the work for nonprofit educational purposes doesn't add to copyright infringement.

On another hand, what if, as a mean to advertise an online sell, the "fan" used the aforementioned video to show his book is in good shape and nothing is missing ?

Quote
Fair Use

Deciding what fair use is and what is infringement may not always be clear. Section 107 lists several reasons it may be fair such as news reporting, comment, criticism, teaching and research. There are four factors used to determine if it is fair use.

- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work

Fair use is very limited and restricted in its use. In general it is best to get permission to use any copyrighted material from the original owner.
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artchain

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Fair use was what I meant when I mentioned "specific exceptions."  The idea of fair use is to allow things that are very important to society, while having as little impact as possible on the rights of the copyright holder.

So, for example, if a teacher wanted to talk about the book in class, and to do so he read aloud two pages, that would clearly be fair use.  Education is an important goals, and he used only a small part of the total books.

Reproducing the entire book on a commercial (ad-supported) website would pretty clear not be fair use. 



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