Re: [CinePaint] photo rights

Bob,

> It does not seem that Rob's photo could be classified as "commercial 
> photography" since there is no commercial intent.  Does this mean that 
> "anything goes" for non-commercial photography?
> 
> Perhaps this explains the YouTube phenomenon.

YouTube is being sued by Viacom now.

http://www.groklaw.net/article.php?story=20070510132915305

However, according to YouTube's terms, YOU are responsible for what you 
post there, not them:

http://youtube.com/t/terms

"You shall be solely responsible for your own User Submissions and the 
consequences of posting or publishing them. In connection with User 
Submissions, you affirm, represent, and/or warrant that: you own or have 
the necessary licenses, rights, consents, and permissions to use and 
authorize YouTube to use all patent, trademark, trade secret, copyright 
or other proprietary rights.... In connection with User Submissions, you 
further agree that you will not submit material that is copyrighted, 
protected by trade secret or otherwise subject to third party 
proprietary rights, including privacy and publicity rights, unless you 
are the owner of such rights or have permission from their rightful 
owner to post the material and to grant YouTube all of the license 
rights granted herein."

Coming back to the topic at hand, which is distribution of a test image 
lacking a model release, Rob's images have many legal issues that make 
them unwise to distribute. Not the least of which, he even said not for 
distribution to the public when he provided the image. I have no license 
to do anything with it.

Even if some image is hypothetically "free for non-commercial use" 
content, that isn't an open source license. CinePaint is licensed for 
all uses and is used for commercial projects.

'Lena', the most popular test image in the world, is bootleg from a 
Playboy centerfold. Doesn't make it right.

Robin
-- 
Robin Rowe
CinePaint Project Leader
Beverly Hills, California
www.CinePaint.org

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