Comments on: More on Sotomayor http://www.burnsautoparts.com/blog/2009/07/17/more-on-sotomayor/ Leslie Burns writes on the photo business and marketing Tue, 07 Feb 2012 04:43:54 +0000 hourly 1 http://wordpress.org/?v=3.3 By: info http://www.burnsautoparts.com/blog/2009/07/17/more-on-sotomayor/comment-page-1/#comment-40482 info Sat, 18 Jul 2009 13:13:25 +0000 http://www.burnsautoparts.com/blog/?p=1230#comment-40482 Michael: I appreciate your passion. I too am a defender of intellectual property--after all, that is why I have been going to law school. Something else law school has taught me is to look at both sides of things to try and find out as much of the "truth" as possible. Relying on the information from one side is never a good idea. I do not think it is reasonable to assume that Sotomayor is anti-photographer (or anti-creative or anti-copyright) because of this and the Tasini cases. She has too much on the other side of that issue to go there. Also, it is incorrect to say that there is no precedent or law in this case....Grace v. Corbis seems to be controlling. That decision was based on several other cases, of course. Here's the cite if you care to read it: 487 F.3d 113. More importantly, Sotomayor did not make the Usher ruling--a 3-judge panel did. Finally, I think the fact that those who want everything to be free are screaming that she is the worst choice is very telling. Best-- Leslie Michael:
I appreciate your passion. I too am a defender of intellectual property–after all, that is why I have been going to law school. Something else law school has taught me is to look at both sides of things to try and find out as much of the “truth” as possible. Relying on the information from one side is never a good idea.

I do not think it is reasonable to assume that Sotomayor is anti-photographer (or anti-creative or anti-copyright) because of this and the Tasini cases. She has too much on the other side of that issue to go there.

Also, it is incorrect to say that there is no precedent or law in this case….Grace v. Corbis seems to be controlling. That decision was based on several other cases, of course. Here’s the cite if you care to read it: 487 F.3d 113.

More importantly, Sotomayor did not make the Usher ruling–a 3-judge panel did.

Finally, I think the fact that those who want everything to be free are screaming that she is the worst choice is very telling.

Best–
Leslie

]]> By: Michael Grecco http://www.burnsautoparts.com/blog/2009/07/17/more-on-sotomayor/comment-page-1/#comment-40474 Michael Grecco Sat, 18 Jul 2009 04:59:47 +0000 http://www.burnsautoparts.com/blog/?p=1230#comment-40474 Let me add one more thing, she went against precedent and many other valuation to give Chris Usher only the "film and processing" value of his historic images. There was no precedent or law following in this case. In fact she went against all convention. Sincerely, Michael Grecco, Chairman of the Advocacy Committee, APA Photographer and Defender of Intellectual Property. Let me add one more thing, she went against precedent and many other valuation to give Chris Usher only the “film and processing” value of his historic images. There was no precedent or law following in this case. In fact she went against all convention.

Sincerely,

Michael Grecco,
Chairman of the Advocacy Committee, APA
Photographer and Defender of Intellectual Property.

]]> By: Michael Grecco http://www.burnsautoparts.com/blog/2009/07/17/more-on-sotomayor/comment-page-1/#comment-40473 Michael Grecco Sat, 18 Jul 2009 04:55:31 +0000 http://www.burnsautoparts.com/blog/?p=1230#comment-40473 Hi Leslie, Well, I find your reply uninformed. The decision to make the posted was based on consultation and conversations with the attorneys involved the case. The same people who argued the case in front of Judge Sotomayor. It was also based on reading the New York Times article and following the case personally for years. I too had to sue Corbis just to get my material back. The calculation for valuation on this case was outrageous and set our industry back years. The fact that Sotomayor substantiated that valuation is nothing less than outrageous. Anyone saying that our opinion is Leading a "sky is falling brigade" should really know the facts before making statements like that. in my opinion, Sotomayors is devaluing intellectual property in order to make it free and available to everyone. The sophistication in business is to be able to read between the lines. Sincerely, Michael Grecco, Chairman of the Advocacy Committee, APA Photographer and Defender of Intellectual Property. Hi Leslie,

Well, I find your reply uninformed. The decision to make the posted was based on consultation and conversations with the attorneys involved the case. The same people who argued the case in front of Judge Sotomayor. It was also based on reading the New York Times article and following the case personally for years. I too had to sue Corbis just to get my material back.

The calculation for valuation on this case was outrageous and set our industry back years. The fact that Sotomayor substantiated that valuation is nothing less than outrageous. Anyone saying that our opinion is Leading a “sky is falling brigade” should really know the facts before making statements like that. in my opinion, Sotomayors is devaluing intellectual property in order to make it free and available to everyone. The sophistication in business is to be able to read between the lines.

Sincerely,

Michael Grecco,
Chairman of the Advocacy Committee, APA
Photographer and Defender of Intellectual Property.

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