[politics] Re: [d@DCC] Senate Bill S-9

[Russell McOrmond]

On Sun, 31 Oct 2004, Wallace J.McLean wrote:

> It starts with the Act.

   ... Exactly what I said it did, which is that the "agreement to the
contrary" that always exists before a professional photographer takes your
picture says that the photographer already owns the (material rights in
the) picture.

> Then you simply don't understand, or refuse to understand, that in 
> the "domestic photo" context, a person should have a positive right to 
> use an image of themselves, or that they paid to have created.

  I do understand, and we simply disagree.  Lets not get personal in this
by suggesting I refuse to understand. If the participants in this forum
didn't have room to learn and room to disagree, we would then be a lobby
group and not a forum.

  There are practical considerations (owner of camera vs. person who took
picture in largely amateur setting) that makes photographs different than
a book (borrowing your wordprocessor doesn't have these considerations).  
Beyond these considerations I do not see things the way you do where the
person who commissions a photo is somehow special.  I don't believe the
commissioner should have any rights not granted to them by the creator of
the work in the contract.

  The argument that the person who commissions/pays for work is the
impetus for the work is something I have heard before.  It was in the
context of labour rights, and the suggestion that workers should have no
rights as if it were not for the bosses there would be no work.  I'm
surprised that some of the more left-leaning folks in this forum haven't
taken you to task on views that could be seen as both anti-photographer
and anti-labour.

> Go into a Sears photo studio and ask to negotiate. Let us know what
> happens.

  If you don't like the terms that Sears photo studio offers you, then go
elsewhere.

  Since you don't respect the qualifications of professional photographers
and believe this is a mechanical operation, why don't you just get an
amateur to take your picture with your own camera?  If you don't own the
copyright or the specific rights you need in a photograph, both before and
after the repeal of 13(2), it will be because you didn't want them.

  I'm noticing that the longer we debate this the stronger my opposing
position grows.  I am not convinced that I would be alone in this, making
this an issue where consumer advocates (which I believe you are) will be
burning political points on this issue which are best used elsewhere.

-- 
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Code is Law: how software code regulates the activities of citizens,
 and acts similar to law.  How do we ensure transparency/accountability?  
 http://www.flora.ca/russell/drafts/life-of-hacker.html#code=law
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