Author Topic: Screen Shots.......Ethical Dilemma?  (Read 4292 times)

Rick Waldroup

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Re: Screen Shots.......Ethical Dilemma?
« Reply #15 on: October 27, 2017, 09:50:59 »
Keith, I agree about using titles for the images.  I tossed that out there, seeking opinions about it.  I think the images stand alone just fine and as mentioned before, they are so heavily manipulated that knowing the source of the original image is probably meaningless. 


Frank Fremerey

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Re: Screen Shots.......Ethical Dilemma?
« Reply #16 on: October 27, 2017, 11:19:21 »
I feel the abstraction is high enough to make it your own work!
You are out there. You and your camera. You can shoot or not shoot as you please. Discover the world, Your world. Show it to us. Or we might never see it.

Me: https://youpic.com/photographer/frankfremerey/

Les Olson

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Re: Screen Shots.......Ethical Dilemma?
« Reply #17 on: October 27, 2017, 18:43:36 »

 When I first started this, my original idea was to not provide any info at all about the photos- to just simply let them stand as works of art.  But now, I am thinking maybe that is not the best approach?  Any ideas or thoughts about the matter is much appreciated.

Remember that for it to be fair use you have to establish a new artistic purpose or meaning.  That would be easier if you make no reference to the original, unless your new purpose or meaning is a comment on the - eg - role of the alien in popular culture.   

Rick Waldroup

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Re: Screen Shots.......Ethical Dilemma?
« Reply #18 on: October 28, 2017, 01:08:14 »
Thanks, Frank and Les, for the comments. 

Les, your advice is very much appreciated.

David H. Hartman

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Re: Screen Shots.......Ethical Dilemma?
« Reply #19 on: October 28, 2017, 04:59:55 »
I'd be inclined to show the complete TV. That would probably make the image fair use.
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BEZ

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Bez

Rick Waldroup

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Re: Screen Shots.......Ethical Dilemma?
« Reply #21 on: November 01, 2017, 22:37:59 »
Thanks, David and Bez, for the comments.

That was an interesting article, Bez.  Thanks for the link.

David H. Hartman

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Re: Screen Shots.......Ethical Dilemma?
« Reply #22 on: November 10, 2017, 22:54:20 »
The photos above look like fair use to me.
Beatniks are out to make it rich
Oh no, must be the season of the witch!

Robert

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Re: Screen Shots.......Ethical Dilemma?
« Reply #23 on: December 14, 2017, 17:58:00 »
New to this site. A 40 year professional photographer and a licensed attorney specializing in Copyright, Trademark and Licensing (the softer side of Intellectual Property).
Your title alone speaks of good common sense instincts but I wanted to take a moment to highlight several writers who analyzed your legal risks under the guise of Fair Use.
17 US Code, Section 107 Limitations on exclusive rights: Fair Use is a defense available to those accused of copyright infringement. In order to claim the defense you first have to admit that you did, in fact, infringe. Then the four factors within the law, which are very specific, are carefully analyzed with regard to your unique situation and set of facts.  One thing is for certain - if you accept money for your work none of the factors apply and the defense is not available to you.
That's the bad news.
The good news is that you can continue your study but you should do it privately. You should not post your study for public viewing on sites like this or your professional web site.
I appreciate that you took the time to ask the question but , if it were me, I would take the series down and only show it to friends and colleagues over a cup of coffee in my home and I would not sell any image.
Now for the disclaimer: I'm not your lawyer. We do not share an attorney/client relationship. My email is in the form and spirit of educating photographers in the often misunderstood application of the Fair Use defense.
I found your photos on your professional web site rich and full. Your clear understanding of black and white photography is evident. Great work there.     

Rick Waldroup

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Re: Screen Shots.......Ethical Dilemma?
« Reply #24 on: December 14, 2017, 23:20:09 »
Robert, I want to sincerely thank you for taking the time to analyze the situation and for posting your remarks.  For the past couple of weeks, I have seriously been thinking about terminating the project.  While it has been great fun creating the images, I have always had reservations about the project going forward. 

And thank you for the very kind words about my work.

Robert

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Re: Screen Shots.......Ethical Dilemma?
« Reply #25 on: December 15, 2017, 02:56:56 »
You have passion for this unique art form which you created. Please do not abandon you passion. There is a rather simple solution you may want to try...you wrote that the first and last photo are your favorite in the series you posted here.. I could be wrong but I assume they come from the same movie or television program. The cure would be to locate the holder of the copyright to the images, write them a letter and ask for permission to display their image and your artistic interpretation on your web site (you won't be able to sell them but you may be able to display them). In the same letter you may want to ask them how they want their attribution to appear.
The worst that they can say is no but they also might say yes because artists seldom ask permission.
Permission + attribution cures many ills within copyright. I have found that a letter asking permission is usually the beginning of a great relationship.
If the answer is yes then consider sending a photo of your interpretation of the image with their attribution prominently displayed somewhere on the front.
Believe me, this will not be easy but a worthwhile endeavor and if you're successful then no one can tell you you have to remove the photo from public view and you'll have one interesting story to tell. Start your research at the Library of Congress. They are very helpful if you tell them that you wish to avoid any infringement. The Library of Congress in Washington DC holds the copyright holders information which is available to the public.
Think about it. I've written letters and been successful and I've written letters and been unsuccessful but I've always made a friend in the process however it turned out. Best of luck to you and please do not abandon your passions. Sincerely, Robert

ColinM

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Re: Screen Shots.......Ethical Dilemma?
« Reply #26 on: December 15, 2017, 10:40:24 »
e, the first shot in this series I posted is a very brief scene from the movie, Alien. 

Ahhh, John Hurt?

Rick Waldroup

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Re: Screen Shots.......Ethical Dilemma?
« Reply #27 on: December 15, 2017, 22:07:59 »
Colin, it is actually Ian Holm who played Science Officer, Ash.