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They do, which is why I'd love to see a full copy of the book/CD - the complaint doesn't quote the invitation to contact for licences, and in various online pre

They do, which is why I'd love to see a full copy of the book/CD - the complaint doesn't quote the invitation to contact for licences, and in various online previews I can't see any express wording to that effect (though of course it's implicit if you don't have a licence or other legal reason to use). The "About the CD-ROM" section in the book only says "Original images can be obtained from the author. Write to [PO Box]", which I don't see as being the same as "invit[ing] interested persons to contact Juracek if licenses were desired". I'd be curious if more explicit wording is included elsewhere - it wouldn't necessarily change the outcome, but it'd add strength to the case IMO. I also find the logic at paragraph 17 somewhat strange: > The parties were required to contact Juracek to obtain high resolution digital files as the CD-ROM files were not high resolution. For the sake of clarity, anyone seeking a license for the photographs from the book or CD-ROM were required to contact Plaintiff to obtain the photos in a high resolution digital file suitable for commercial use as all rights were reserved as set forth in the copyright notice. What if you don't need high-resolution images for your particular use? Noting that they had to contact the author to obtain higher resolution images seems irrelevant when determining if they had a licence to use the images present on the CD (unless it's alleged they used the higher resolution images and must have obtained them from another source, which I don't believe is the case).

bigiain 5y ago
Just because you only need low res versions, doesn't mean you're exempt from copyright. Juracek without doubt owns copyright on those images. Capcom are going to have to convince a judge they had permission to use the images from the copyright holder. It seems unlikely there was an explicit rights grant on the CD for use in a commercial game, Capcom are going to be trying to lean heavily (too heavily, it seems to me) on that vague wording in the marketing copy to assert they have rights to use them. Juracek could have made their limited rights grant more explicit, but copyright generally works on an "if you do not have explicit permission to use a work in a particular way, you have only very limited rights to make a copy of it" basis.
- stordoff 5y ago
  > Just because you only need low res versions, doesn't mean you're exempt from copyright. That's not what I was trying to say. What I meant that the claimant's argument is simply "You did not have a licence to use the images on the CD in that way". Presenting the argument as "the parties were required to contact Juracek to obtain high resolution digital files [and they did not do so]" _seems_ to add a particular significance to the high resolution images, when it's, as you say, irrelevant (what matters is whether they obtained a licence, not the high resolution images). Unless I'm missing something, you could replace paragraph 17 with: > As a result of the book and photographs and CD-ROM, Juracek licensed copies of various photographs to many different parties who sought to use the photos commercially and the book became a very popular way for architects and designers to obtain exclusive high quality examples of unique decorative surfaces and features. Anyone seeking a license for the photographs from the book or CD-ROM were required to contact Plaintiff to obtain a commercial use license as all rights were reserved as set forth in the copyright notice. and have the same effect. It just seemed like a needlessly complicated way to make the same argument.
rossjudson 5y ago
I think the basic argument here is that the book and cdrom are marked as copyright judy juracek, all rights reserved. There are some specific contemplated and limited uses in the blurb/text. It's not clear to me how those play against the plain fact of the copyright, but I doubt that claiming an author needs to repeatedly claim copyright for it be valid is going to get far.

bigiain 5y ago

Just because you only need low res versions, doesn't mean you're exempt from copyright. Juracek without doubt owns copyright on those images. Capcom are going to have to convince a judge they had permission to use the images from the copyright holder. It seems unlikely there was an explicit rights grant on the CD for use in a commercial game, Capcom are going to be trying to lean heavily (too heavily, it seems to me) on that vague wording in the marketing copy to assert they have rights to use them. Juracek could have made their limited rights grant more explicit, but copyright generally works on an "if you do not have explicit permission to use a work in a particular way, you have only very limited rights to make a copy of it" basis.

stordoff 5y ago
> Just because you only need low res versions, doesn't mean you're exempt from copyright. That's not what I was trying to say. What I meant that the claimant's argument is simply "You did not have a licence to use the images on the CD in that way". Presenting the argument as "the parties were required to contact Juracek to obtain high resolution digital files [and they did not do so]" _seems_ to add a particular significance to the high resolution images, when it's, as you say, irrelevant (what matters is whether they obtained a licence, not the high resolution images). Unless I'm missing something, you could replace paragraph 17 with: > As a result of the book and photographs and CD-ROM, Juracek licensed copies of various photographs to many different parties who sought to use the photos commercially and the book became a very popular way for architects and designers to obtain exclusive high quality examples of unique decorative surfaces and features. Anyone seeking a license for the photographs from the book or CD-ROM were required to contact Plaintiff to obtain a commercial use license as all rights were reserved as set forth in the copyright notice. and have the same effect. It just seemed like a needlessly complicated way to make the same argument.

rossjudson 5y ago

I think the basic argument here is that the book and cdrom are marked as copyright judy juracek, all rights reserved. There are some specific contemplated and limited uses in the blurb/text. It's not clear to me how those play against the plain fact of the copyright, but I doubt that claiming an author needs to repeatedly claim copyright for it be valid is going to get far.