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<p>[QUOTE="Ed Snible, post: 7594635, member: 82322"][USER=110350]@DonnaML[/USER] I am not a lawyer.</p><p><br /></p><p>I learned of this concept from Andrew McIntyre, who discussed it in 2006 (updated 2009).</p><p><a href="http://www.coinsoftime.com/Articles/Copyright_of_Coin_Photographs.html" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.coinsoftime.com/Articles/Copyright_of_Coin_Photographs.html" rel="nofollow">http://www.coinsoftime.com/Articles/Copyright_of_Coin_Photographs.html</a></p><p><br /></p><p>My guess is that 99% of coin photographs are not creative. The right answer for scholarship is to allow re-use coin images. 99% of re-use of images are amateurs and academics, not businesses trying to replace CoinArchives.com.</p><p><br /></p><p>As I said, I am not a lawyer. My layman's understanding of the law is that "The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement." I have heard from non-coin academics who have had their graphics and charts ripped off that this maxes out at the amount they usually charge, which is usually zero. Coin dealers do sometimes charge for catalogs, but usually they give them away free and lose money on them. I would not want to be on a jury and decide on damages for such a case.</p><p><br /></p><p>This thread started with a discussion of ethics. Writing auction descriptions is a creative act. In some cases coin photography is a creative act. Look through your catalogs. How many dealers disclose the name of the cataloger or photographer? I realize catalogs are work-for-hire. I still like it a lot better when the creators are named.</p><p><br /></p><p>I have been trying to write a coin book. I am more into moral rights that copy rights, because I expect to sell about 10 copies. For a while I was captioning my photographs "photographer unknown; auction catalog ..." but I got tired of looking for and being unable to find the photographer.</p><p><br /></p><p>100% of modern counterfeits have a secure copyright, owned by the forger, and no one objects to publishing photos of those![/QUOTE]</p><p><br /></p>
[QUOTE="Ed Snible, post: 7594635, member: 82322"][USER=110350]@DonnaML[/USER] I am not a lawyer. I learned of this concept from Andrew McIntyre, who discussed it in 2006 (updated 2009). [URL]http://www.coinsoftime.com/Articles/Copyright_of_Coin_Photographs.html[/URL] My guess is that 99% of coin photographs are not creative. The right answer for scholarship is to allow re-use coin images. 99% of re-use of images are amateurs and academics, not businesses trying to replace CoinArchives.com. As I said, I am not a lawyer. My layman's understanding of the law is that "The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement." I have heard from non-coin academics who have had their graphics and charts ripped off that this maxes out at the amount they usually charge, which is usually zero. Coin dealers do sometimes charge for catalogs, but usually they give them away free and lose money on them. I would not want to be on a jury and decide on damages for such a case. This thread started with a discussion of ethics. Writing auction descriptions is a creative act. In some cases coin photography is a creative act. Look through your catalogs. How many dealers disclose the name of the cataloger or photographer? I realize catalogs are work-for-hire. I still like it a lot better when the creators are named. I have been trying to write a coin book. I am more into moral rights that copy rights, because I expect to sell about 10 copies. For a while I was captioning my photographs "photographer unknown; auction catalog ..." but I got tired of looking for and being unable to find the photographer. 100% of modern counterfeits have a secure copyright, owned by the forger, and no one objects to publishing photos of those![/QUOTE]
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