PHOTOGRAPHER LOSES CASE AGAINST MET MUSEUM WHO USED HIS PHOTO WITHOUT PERMISSION

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Interesting. I'd guess the court has close ties to the Museum. I plan on contacting my local museums to see where they stand on this issue. If they back the Met, I'll stop backing them. Free-ware seems erasing copyright.
 
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Does a museum that collects an entrance fee to see their exhibits get to claim fair use? Perhaps so if they are considered a non-profit, educational institution? What are the ramifications for other artists who’s work will now be appropriated without consultation or authorization? Does this have any impact on the author’s future rights or revenues relative to the art in question? Copyright pundits on both sides of this will banter this around for a while. It will be an interesting story to continue to follow.

The "Fair Use" provision of US Copyright laws has multiple tests. Does an instance of "Fair Use" have to satisfy just one of the tests, or all of the tests? The four factors judges consider are:
  • the purpose and character of your use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market.
https://fairuse.stanford.edu/overview/fair-use/four-factors/
 
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I would have expected more from an institution like the Met, but it's a sign of the times.
_________________________________

On February 7, 2017, The Metropolitan Museum of Art implemented a new policy known as Open Access, which makes images of artworks it believes to be in the public domain widely and freely available for unrestricted use, and at no cost, in accordance with the Creative Commons Zero (CC0) designation and the Terms and Conditions of this website.

https://www.diyphotography.net/met-museum-digitizes-entire-collection-releases-375000-images-free/
 
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Does an instance of "Fair Use" have to satisfy just one of the tests, or all of the tests?

"All four factors...are considered by a court to determine whether a use is fair.

The 'purpose and character of the use' is considered one of the most important indicators of fair use. Courts determine whether the copyrighted work has been used to create a new work (often referred to as a 'transformative use') instead of simply copied and/or placed into another work.

A court is more likely to find fair use when the 'nature' of the copyrighted work used has been published, rather than unpublished. Copyright law recognizes the right of photographers to control the first public appearance of works.

An unauthorized use will more likely be considered a fair use if a small amount or insubstantial portion of the entire work has been used, such as a short quote from a book. While such a 'de minimis' use is more difficult with photographs than when copying text, it can occur when the photos are in the background of a video, for example.

When the unauthorized use directly effects and competes with the copyright owner’s business or potential for income, a court will usually find that the use was not a fair use. This is true even when the use is not in an area of business directly competing with the photographer – such as selling sculptures based on a photo. What matters is that the photographer could have made money in that field."

https://blog.kenkaminesky.com/photography-copyright-and-the-law/

That link provides access to considerably more detail about fair use.
 
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NCV

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I wonder how things would evolve If I started selling pictures or published a book containing pictures of artefacts displayed at the Met.

Here in Italy I cannot sell pictures that I take of public monuments without paying a fee.
 
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Someone I know testifies as an expert witness in copyright cases. They were not called in this case. I asked their opinion of this. This person didn't speak favorably regarding the attorney for the photographer, and indicated the case could have been won with a better attorney.
 
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Someone I know testifies as an expert witness in copyright cases. They were not called in this case. I asked their opinion of this. This person didn't speak favorably regarding the attorney for the photographer, and indicated the case could have been won with a better attorney.
i asked my attorney friend about it and got essentially the same answer, he said the Met hired better attorneys.
 
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