Bummer. According to an item in last weeks PDN Newswire, a copyright infringment case brought by several noted photographers has been tossed out of court. The three photographers, several of whom I (e)know through various professional forums, sued the Copyright Clearance Center (CCC), a company that provides licensing for magazine article reprints. The newsclip goes on to say:
In rejecting the copyright claims, US District Judge Rya W. Zobel said that granting a third party rights to copyrighted works without authorization doesn’t amount to contributory infringement unless the third party ends up committing a direct infringement. Citing a recent decision by the First Circuit Court of Appeals, the Zobel wrote, “‘wrongful authorization alone’ cannot constitute infringement under the [copyright] statute.â€
So, someone (the CCC) is trying to sell (license) something they may not have the rights to distribute to third parties isn’t liable under copyright law unless some third party actually buys and exercises the rights that they didn’t really have the right to license, distribute or acquire. I guess I can understand the judge’s ruling on this one. Technicalities; Ouch! – What I can’t understand is why gas prices are soaring back to $3.00 / gal. with nary a peep. Was there another Hurricane that I missed or something?
Sometimes, you become aware that you’ve just stepped in something, and the only immediate cure is to repeatedly scrape your shoes in the nearest patch of grass.
