Copyright and non-essential parts of screendump

Karl at Cyberlaw reports of a recent interesting copyright case decided at the Swedish Court of Appeal (Svea Hovrätt).

The case (2008-07-01, FT 685-08) concerned the question whether a screendump of one web page (containing pictures) being displayed on another web page constitued a violation of copyright of the pictures.

The court found that, first of all, the pictures displayed on the webpage which was pictured and displayed on another web page were not protected under 1§ of the Swedish Copyright Act (English version Pdf) but under Photolaw 49 a§ Swedish Copyright Act.

This difference is a remnant of the time when photographs were not covered by Copyright law at all. Today photographs are covered by Copyright law but the length of protection differs from other typical works protected under copyright law.

Since the images were small and hardly distinguishable to the naked eye they made up an unessential part of the the exception in 20a§ is applicable. According to this exception there is no need for permission to use works which appear in the background or are an non-essential part of the picture.

Mouse on Auction

Sometimes, not often, but sometimes I wish I had endless funds. It would be fun to fly to London and go to Sotheby’s on the 17 July and bid on Lot 300, a mouse with glasses reading a newspaper by Beatrix Potter.

It’s a 125mm by 70mm fine ink and watercolour drawing, signed and dated lower right corner “HB.P. | 1890.”, mounted, minor browning not affecting image, slight soiling to blank border.

The Catalogue Note – Reminiscent of “The Day’s News” (c. 1892?), see The Art of Beatrix Potter p.196 and Beatrix Potter 1866-1943 – The Artist and Her World, p.57, Beatrix Potter appears to have had a fondness for mice reading newspapers. Perhaps the most famous example is the mouse reading The Tailor and Cutter from The Tailor of Gloucester. this drawing is entirely unknown and dates from the year of Beatrix Potter’s first association with the firm of Hildesheimer & Faulkner.

But with a starting price of 10 000 to 15 000 pounds I guess its not happening…

Back from Marrakech

So after returning from Marrakech I have been planning to write about it. Unfortunately writing about Marrakech is not the easiest thing since it is an amazing city. It’s all exotica, shopping and sunshine.

The exotic is everywhere! The great buildings, the marketplaces (souqs), the large squares, the call to prayers, the clothes, the carpets, the customs, the food and more…

The shopping was amazing. Unfortunately the merchants there are the most amazing bargainers – they could sell ice in Greenland! Every purchase made was coupled together with buyer’s remorse. When you bargain the end price to a third of the starting price – what was the real price of anything? Despite this nagging concern we ended up buying plenty of interior decorating stuff.

The sunshine! The all time high this week was 52 degrees! This was made bearable by air-conditioning and the pool. Actually the heat was not all that bad but the pool and air-conditioning did make the stay very nice.

I suppose this is a very crappy description of Marrakech but there are better ones online. I will let my pictures give you a glimpse of what I experienced.

To indulge

It’s black, phalic and sits nicely in my hand. It evokes feelings of joy and guilt at the same time. In what must be seen as a moment of total indulgence I bought a new lens for my camera. Yes I succumbed to the temptation I have carried with me for the past months and bought the Canon EF 70-300mm f/4-5,6 IS USM. And the best thing is that it’s great! I just love it.

The magnification is a huge improvement and it has a really fast internal motor. It has also got me rearing to go out and take lots of photo’s this summer.

Ingelfinger rule

The policy of considering a manuscript for publication only if its substance has not been submitted or reported elsewhere. This policy was promulgated in 1969 by Franz J. Ingelfinger, then the editor of The New England Journal of Medicine. The aim of the Ingelfinger rule was to protect the Journal from publishing material that had already been published and thus had lost its originality.

I knew about the practice but not that it had a name. You learn something new every day – even on Fridays…

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Photo Absolutely Nothing is Allowed Here by Vicki & Chuck Rogers (CC by-nc-sa)

Photography galleries

For some reason this week my online world has been heavy on some really cool photo galleries. Richard Ross has really creepy book on the way in which architecture can be used to control people The book Architecture of Authority is creepy not only because it shows your typical jail cells, detainment rooms and even images from Guantanamo – it’s creepy for the pictures of more ordinary locations like schools and offices. Check out the online exhibition here.

Photo: Richard Ross

A second online gallery is Mr Toledano’s Bankrupt is pictures taken of empty offices. Moving stuff with beauty to be found in the small things. Or as Toledano puts it: “everywhere I went I found signs of life, interrupted”

Photo: Mr Toledano

A third gallery is Joseph Holmes’ Workspace which as the title suggests is pictures of peoples workspaces – good voyeuristic stuff. Just the kind of photo essay I enjoy.

Professionals and amateurs

The distinction between professional and amateurs within many cultural fields is rapidly evaporating. Without being negative towards the amazing professionals out their I would just like to point to the many resources where amateurs are sharing material as a proof of the great work being done for love rather than money.

So what is the difference between a professional and an amateur? This is actually a tricky question which is usually fobbed off with the response that professionals get paid for their work or professionals live off their work. But this is problematic since it says nothing of the quality of the work.

Also many of us do more than what we are paid for – does this mean that we are unprofessional? Van Gogh was a painter but he could not support himself… does this mean he was an amateur? Another question is whether it is better to be an amateurish professional, a brilliant amateur or a maybe even a professional amateur?

One of my photos was published in a magazine recently (ok so it was the university staff magazine) does this mean I can call myself a professional? Should this title come from one lucky shot or the hundreds of photographs that I am more proud of?

Why Nietzsche bores me…

Finally I found the reason. Here is a quote from Nietzsche’s sister:

The days of his youth — of his carefree, merry gamboling — were over. Hereafter he was all solemnity and all seriousness. ‘From these early experiences,’ says his sister, ‘there remained with him a life-long aversion to smoking, beer-drinking and the whole biergemütlichkeit …’ He maintained that people who drank beer and smoked pipes were absolutely incapable of understanding him. Such people, he thought lacked the delicacy and clearness of perception necessary to grasp profound and subtle propositions. (via Noniclolasos)

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The Quite Pint by Monster (CC  ATT-NC-SA)

Given the choice between being bored by Nietzsche or a beer I choose a beer anytime.