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... and, unfortunately, copyright laws vary greatly between countries.Of course it's a legal question. This whole thread is about the law. That's not the same as asking for "legal advice" which I have not done. Why would I?
So, you believe that using a chemical fixer is easier than pressing a shutter release button?
If you can't see how ridiculous that is ...
You're not being straight with anyone on this thread Bob.
I'm calling Bull on this dude
apology..
OP/BobD
i am sorry for taking the leap and suggesting
or "guessing" that your motives were more than
just wondering and arguing for the sake of arguing ..
from where i sit it seems you have more invested in
this question than just wondering because there
are a lot of junk cameras with found film i will refrain
from making such leaps in the future ...
i will do my best not to do that again ..
And regarding my question, you answered it: this is a hypothetical intellectual discussion simply for the sake of argumentum.
The US inherited copyright protection as part of the English law that applied before 1776 and was adopted by reference at the time of Independence. There are 240 years of copyright experience in the US and during a lot of that time people were taking photographs and benefitting from copyright protection of their work. The scenario referred to in this thread is not new, and any questions of law raised were answered long ago.
Bob:Thank you, MattKing, for your intelligent and thoughtful post.
The scenario I have described has, I suppose, come up only rarely in a courtroom and only in certain high profile cases such the Meyer case. But, I have noticed recently what appears to be an increase in interest in the practice of locating old unprocessed film, developing it and publishing the results (on the net at least). I have seen some websites devoted to this "hobby" and also some news stories regarding old film discoveries, etc. It occurred to me that sooner or later the developer would hit the fan and somebody would end up in court arguing or defending just these sorts of issues.
Actually, the precedent is Burrow-Giles Lith. Co. v. Sarony 111 U.S. 53 (1884), which confirmed as constitutional the provisions of The Copyright Act of 1865 which specifically extended copyright protection to photographs. It is summarized here.The real problem is that the question probably came up at some time around 1805, was clearly decided, and has become so well understood that the modern cases don't even bother to refer to it.
Thanks for the citation.Actually, the precedent is Burrow-Giles Lith. Co. v. Sarony 111 U.S. 53 (1884), which confirmed as constitutional the provisions of The Copyright Act of 1865 which specifically extended copyright protection to photographs. It is summarized here.
Matt posted a clear resolution. Now the thread has become one which is chasing its tail.
My several points do address the main points of the thread. Unfortunately, the OP doesn't wish to accept the fact that a "work" that is still in latent image form has the same copyright protection under the law as a developed and printed photograph.
The language in the various Copyright Acts around the world deal with enforcement of rights and commercial realities.
Some will not believe what they are told. It is a common affliction of teenagers.
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