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  • Mieke Boynton
    Mieke Boyntonover 3 years ago

    Fascinating, Jeff!
    Thanks for sharing!!!

  • Mel Brackstone
    Mel Brackstoneover 3 years ago


  • donnnnnny
    donnnnnnyover 3 years ago

    well, what can one say.I own the copyright to all photos taken by me with my camera ,the exif data will prove that. anything else is just a bit of coincidence as this is. Probably in this day and age a set up to get David slater some media coverage.
    Hey im a synic. are we wall??
    cheers for sharing jeff

  • Peter Hill
    Peter Hillover 3 years ago

    Mike Masnick is right about the copyright ownership and the fair use, but not about his use of the image being “transformative”, for two reasons. Transformative versus derivative only relates to a work in which copyright resides. In this instance there is no copyright. Second, there was absolutely nothing done with the images, ie no trasnformation. There was no need to argue that point. No need either to argue fair use because, again, there is no copyright.

    Exif data does not prove copyright ownership, for 2 reasons. First, copyright resides in the person who took the photo, not the camera’s owner. Second, copyright owmnership can be sold or assigned to someone else (except moral copyright, which cannot be assigned or sold).

    The news agency in Mike’s blog has made a fundamental error in confusing ownership of the physical card containing the digital images (and thus the images) with ownership of the copyright in those images. One does not mean the other. In this instance, as soon as the owner of the card published a monkey-taken image he lost all control over any reproductions, fair use or not.

  • Peter Hill
    Peter Hillover 3 years ago

    I should also note that this situation is highly unusual, but not unique (animals creating “artwork”), and there is a view that “art” does not encompass non-human art. But I digress. The point is, the resolution of the kerfuffle has to go back to basic principles and that’s when making the distinction between phyisical ownership and the right to reproduce comes to the fore.

  • Jason Ruth
    Jason Ruthover 3 years ago

    PH, for one moment take off your rose tinted glasses and then look at the article again. Now look at the stupidity of where our world is headed.

  • Jason Ruth