An important case in online video sharing was decided last week. In Universal Media Group v. Veoh Networks (PDF) the federal judge dismissed the case on the grounds that he believed Veoh Network Inc, a popular video sharing website, fell under safe harbor clauses within the DMCA. The Digital Millennium Copyright Act is the act that protects copyrights in the online realm. An Electronica Frontier Foundation spokesperson felt that this case would also apply to YouTube in that their terms of services and procedures are similar.
This case allows video sharing sites to fend off liability for copyright infringement from it’s users given they use a rather low standard of procedures in handling reported infringing use. The case seems to acquiesce that works may be ‘performed’ and the sharing sites don’t need to ‘pre-check’ the videos before it displays them. This burden on video sites to remove infringing works strikes a balance between IP rights and video dissemination. While it’s still a considerable financial burden on sharing sites the costs aren’t as bad as facing copyright litigation.
What discussion of online videos and applicable law would be complete without an embedded High-Def video?
The consensus among them is that the national economic picture is improving; Texas is weathering the recession better than most states; and energy and technology will be the two sectors that lead the state’s recovery. Using current and projected population trends, each offered insight into how that growth will impact Texas by 2050.
Commissioner Staples said the increase in population translates to a net decrease of 1.5 million acres of agricultural land. “This amounts to a per capita loss of 270 acres for each 1,000 new residents. We’ve got to do the math on water needs, infrastructure and figure out what this means in an opportunity for our state. This summit is all about recognizing those challenges and developing a strategy for success.”
Extrapolating from population statistics, Dr. Perryman said that 1,000 new residents move to Texas each day. Just to meet housing needs for this burgeoning population, Texas will need to add 165,000 multi-family and single family homes each year to keep pace.
“What that means on highways, schools, water and sewer is that it will be a challenge to keep that, and everything else, going. But it’s also a huge opportunity that will define our future with new emerging technologies,” said Commissioner Staples.
“In bad times, good is ‘relative,’” Dr. Perryman said. “Regarding housing, our situation is not as bad as it could have been. We overbuilt the market, but not drastically. This is not worse than the 1980s – that was the worst time for Texas since the Great Depression.” He said builders have stopped building in Texas and will likely construct only 86,000 units this year.
He applauded passage of Proposition 4 on the Nov. 11 ballot, which creates a pathway for additional top tier research universities.
“Companies want to congregate around educational institutions. Look at microelectronics in Austin and the University of Texas,” he said. Biotechnology and food represent new frontiers for business development.
“If you bring in research money, you create jobs,” he said. To illustrate the point, he cited the national gross domestic product (GDP) at $14 trillion. The gross domestic product of start-up businesses founded by Massachusetts Institute of Technology alumni is $2 trillion. Dr. Perryman said that Massachusetts understands the incubation process between business and education, and so does California.
Texas is starting to “get it.”
“Technology will be something that leads us out of the recession,” he said. “And so will energy.”
Dr. Perryman said that Texas represents eight percent of the national economy; however, the state only lost four percent of what the country lost during the recession.
Lt. Gov. Dewhurst agreed with Dr. Perryman on education as a pathway for creating new jobs. “We must improve public schools and universities so they can prepare workers and leaders to succeed,” he said. “We have tried to create
pro-growth, pro-business environment in Texas, and people all around the country are hearing about this.
“Over the last three years, Texas is #1 in creating jobs; #1 as the place to do business; we have more Fortune 500 companies in Texas than any other state. This is huge – think of the business opportunities.”
Texas voters approved three constitutional amendments that will help reform the property appraisal process, making the system fairer for property owners. Voters also passed a proposition that will strengthen protections against a government entity unfairly taking private land or homesteads through eminent domain.
Proposition 2 will ensure that property-tax appraisals value a residence homestead as a home, not at its “highest and best use.”
Proposition 3 creates uniform standards across the state for appraisal methods.
Proposition 5 enables appraisal districts in two adjoining counties to combine resources for a single review board.
Proposition 11 strengthens eminent domain protections, barring government entities from taking private property for private development or for purely economic reasons.
The ubiquity of concealable camera phones and the popularity of DSLRs with telephoto lenses often poses the question “What am I allowed to photograph legally?”
The Right to Photograph:
In general you may take a photograph of whatever subject you want when you are in a public place or you have express permission. In general You don’t need consent to photograph somebody unless they have a “reasonable expectation of privacy” examples including dressing rooms, public bathrooms, in their homes, etc. Other limits may include military and nuclear sites. Permissible subjects include: law enforcement officers (but you may not interfere with law enforcement activity, investigations or risk officer safety) children, airports and more.
A lot of great photos are captured when the subjects aren’t aware that a camera is around. It captures people in their natural state.
Nobody can confiscate your film/photographic data without a court order or warrant or a law enforcement officer that has arrested you. If an individual threatens or ‘detains’ you, you may have a case for legal action against them.
A great resource on the subject is “Legal Handbook for Photographers” By Bert P. Krages and his “Pocket Guide” (PDF)
Next time you take a photo and the subject asks to see the photo to check if they blinked, or they “look funny” and demand you delete it, you can assert your rights
Next weeks photography law post will discuss copyrights and sharing licenses.
UPDATE: My photographer friend asked me about commercial uses of photographs. There is a distinction between Publisher and Photographer, but they can often be the same individual. Most often if you publish a photograph with a person (model) and the predominant purpose is for monetary gain,(Ex.advertisements) then you must get a release from the model. News articles and non-monetary uses don’t require a release.
This post is not legal advise and does not establish an attorney/client relationship. For specific fact situations consult with an attorney. please read our Disclaimer.
These days sharing your images online and protecting them from undesired/unlawful use has been seen as a misnomer. Luckily there are methods to protect your works if you desire to retain all your rights to your photos.
Display with Flash Viewer
There are plenty of free and easy methods to display photographs. Many of these methods require yout to have a basic understanding of html, but many have clear instructions on how to set them up on your website. The one’s I’ve previewed don’t have “save as image” protection automatically, so you’ll have to choose one that makes it the easiest
While this method is helpful, it doesn’t stop the infamous “Prnt Scrn” method of copying visual works. It also requires that you have a web host and website/blog with considerable coding freedom. (aka not Flickr/Picasa Web etc) Comes to play two other methods.
Use Tiny Thumbnails
Most “infringers” will want to enlarge photos for social media and background use. While this method doesn’t allow users to see details, it gives the viewer a visual “summary” of the works.
Watermark your Images
My friend Jillian Betterly used this method to preview wedding photos for her clients. She would display samples of photos she took with a heavy watermark of her logo. She placed the watermarks right above the subject of interest within the photo, such as smiling faces.Clients or anybody wanting a copy of the photos would submit orders and she would deliver their memories without watermarks. The watermark would still allow prospective purchasers to see the areas of interest within the photos, but make it indesireable for them to copy it for their personal use without paying for her ” visual memory capturing” and printing services. This method is also used by many stock photo purchase services.
Using all three methods together and tweaking them to your liking you’ll make it difficult for would be infringers to take your works.
I’ll often argue that artists should be able to desire how their works are licensed or ultimately used. The methods mentioned above are for artists who desire to retain their rights completedly under copyright law.
For the people who desire that art be ‘released into the wild’, with no desire for profit, there are alternative licensing schemes. We’ll discuss Creative Commons Licensing schemes in the next post!