P2CON@xxxxxxx wrote:
> Ken -
>
> You made some good points, but is this concert thing really that serious. The
> shooter was there with a long lens and fast film (no flash), and was probably
> shooting in a noise environment of about 250 db. I doubt anyone near him was
> bothered by the shooting, and it was for his personal use so I don't think any
> copyright laws were violated....
> Just my thoughts,
> Paul Connet
I have my concerns about Ken's stance. The legal recourse that the Stones or
their promoter might have would be in a civil court alone. Yet Ken implies that
Hans' actions amounted to "stealing" which is a criminal offence. There's a
discontuity there I feel.
The law in the UK (and I suppose Holland) has been built up from common law
which
is based on commonsense and the rights of the members of a community to live in
harmony together. Common law would (I suppose) cover copyright in only the
broadest sense - and that would be on the basis of what is reasonable to
protect. I do not believe that it is reasonable to attempt to protect the
rights
of the promoter in this case and the law would only cover it now because of the
moneyed actions of the business interests - especially in the music and
entertainment business.
I sympathasise with Ken's stance as a former pro, but such pros' business would
not be jeopardised by a few private photogs struggling with framing a photo from
such a distance and with such lighting problems. No, I believe that the
merchandising potential has moved copyright law (if indeed it does apply in such
a case, I have never heard of an action such as this) far away from the realms
of
commonsense. I believe that it is entirely reasonable for an amateur to take
photos for his own consumption in such instances - provided of course that he
does not detract from others' enjoyment of the production with noise (n/a in
this
case) or flash etc...
Finally, if an employee of the concert promoter had discovered Hans in action,
the strongest action that he might have taken would have been to eject him.
OM content: what a lucky chap to have such a lens!
Chris
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