Posts Tagged copyright infringment

Senator Hatch is Lucky SOPA/PIPA Didn’t Pass. Used Image Without Permission.

Michael Jolley took a photo of Orrin Hatch and posted it on Facebook and his Flickr page with a Creative Commons Licence which allows other users to use the photo as long as they give attribution. As you know Senator Hatch has always been a crusader on copyright protection so you would think the Senator would be sensitive on copyright issues. However, Senator Hatch and/or his campaign lifted the image and placed it on both Sentor Hatch’s Flickr page and their campaign website without attribution nor permission from Jolley.

Not only did they lift it but added their own © All rights reserved to a photo they did not own with no attribution.

On Facebook’s Utah Republican Party – Official Group, Michael Jolley took Senator Hatch to task and made the observation that SOPA like laws could cause Hatch to lose his entire website for posting copyrighted materials without permission. Mr Jolly demanded a news conference where Senator Hatch would publicly apologize.  Hatch’s campaign manager, Dave Hansen, gave a terse response basically saying what Hatch did was no big deal because Jolley uploaded the photo to Facebook and tagged the Photo as if this somehow gave the Senator permission to use the photo as he saw fit even claiming “all rights reserved”.

Dave Hansen is a good man but he does not understand copyright law as passed by Senator Hatch. Everything is automatically copyrighted and the fact you put it online or on Facebook does not change that. The law makes no distinction on whether a copyright symbol is added or not.

Dave Hansen on Facebook ~ “Now let me get this straight Michael. You took a picture of the Senator, then tagged it to his facebook account in effect saying “Here is a picture I took of you, without any reference to a copyright, now months later you are whining about “copyright infringment”. You will have a long, cold wait for a press conference of apology. Get a life.”

People have been sued by Righthaven and others for doing the same thing Senator Hatch did. The penalties for copyright infringement can be up to $190,000 per infringement. These draconian laws were not just passed by the Senator but championed by him. He needs to practice what he legislates lest he find himself on the receiving end of these draconian laws.

**images sent by Michael Jolley with permission to post them**

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