I was in Spring Hill, Florida visiting my grandparents, who have all the family pictures of great grandparents and great-great grandparents. Doing the good familial thing, I decided to take the albums and scan the photos so that the rest of the family could see them. I only had one day to do this, and the only place near them was Wal-Mart (the Supercenter by highway 19). So I take the (sometimes) 100 year old photos to Wal-Mart and begin scanning them on their machine.
After a while, a Wal-Mart employee accosts me and tells me that I can't do that because those images are "Copyright to the studios that took them." I look down at my pictures. The picture she is pointing to is one of my great grandmother, taken about 1925. She has been dead since 1998. The photography studio (assuming it was taken by a studio) is not marked, and is long out of business, and the person who took the photo is long dead, as are, likely, his children and all of his business associates. The only known copy of the photo is the one I'm holding, which is owned by my grandparents, who gave it to me to copy.
In disbelief, I point out that the photo is almost 100 years old and the people are all dead. Undeterred, the Wal-Mart employee informs me that "Copyright lasts forever. It's the law." My scans up to that point are deleted and I'm free to leave the store with my old photos unscanned. I guess I should be thankful they didn't have a portable shredder on hand to seize my photos and do away with them right then and there. Is that in the next set of magic federal laws?
An excellent excerpt from Aaron Perzanowski and Jason Schultz’s The End of Ownership: Personal Property in the Digital Economy on Motherboard explains how Section 1201 of the 1998 Digital Millennium Copyright Act — which bans tampering with or bypassing DRM, even for legal reasons — has allowed corporations to design their products so that using […]
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