Liberating out-of-copyright photos from SmartFrame's DRM
shkspr.mobi
shkspr.mobi
But it turns out, it doesn't really matter in practice. You removing the DRM from the image is a completely different legal aspect than you saving an unprotected JPEG. Circumvention of the DRM is easier to sue for than pure copyright infringement. SmartFrame's business value is that it protects just enough for an IP insurance to cover you, while not slowing things down unnecessarily with better encryption (that won't stop determined techies anyway).
Also, by "recovering" the image in this way, you strip it off IPTC copyright metadata which makes your copy illegal to use in the UK, for example.
Is that still true when there's no copyright on the image? How could that possibly be enforced? If it were read, stripped out, but then replaced (not altered) would that be okay?
Not sure about the UK but in a lot of countries there are exceptions for interoperability which would nullify this issue since you are converting from an obscure, undocumented and not interoperable format to a standard image format.
Or, the very much infuriating HDCP that was cracked before being in use and that hasn't stopped anything but legal use. Causing immense frustration worldwide.
We are poisoning ourselves.
Historic England have even stated explicitly "We're not claiming copyright in the RAF images":
https://twitter.com/HistoricEngland/status/15073771987470336...
(they actually were, but stopped doing so once I pointed out the facts to them.)
I know of two further sites where SmartFrame is being used to stop people "stealing" out-of-copyright images, and to label them as protected by copyright.
This is simply a land-grab, attempting to enclose the (digital) commons.
There's also the fact that, for images that do remain in copyright, there are exceptions in law allowing reuse for study, review, parody etc.
I might be mistaken, but that doesn't sound right. Not all formats even support that metadata in the first place. Can you point me to more info on this? Is there UK legislation that refers to such low-level details as image file metadata?
You're talking about something that's out of copyright? Copyright law doesn't specify anything for out of copyright works.
Could you cite the precedent you're relying on.
My own opinion, not legal advice.
Yeah, except no. Circumvention of effective protection measures is a separate crime from infringement. If you do it, except for certain specific exceptions, it's a felony punishable by up to five years in federal prison in the USA.
Nimmer explains: "Section 1201’s limitation to works that are under U.S. copyright protection means that, to the extent a technological measure effectively controls access to public domain works, circumvention of that measure does not violate the statute. (But intermingling a small amount of current material into the collected works of Shakespeare could effectively undermine that status.) By the same token, to the extent that a work, currently protected abroad, resides in the U.S. public domain for formal or other reasons, then, as to it as well, circumvention of technological measures remains nonactionable (unless, again, some protected material were intermingled with it)." 4 Nimmer on Copyright § 12A.03 (2022)
Wait, but if I understood this article correctly... They are saving an unprotected JPEG. Each 256x256 chunk is a separate unprotected JPEG, as can be seen in the network inspector screenshot (it wouldn't show the preview on hover if that wasn't the case). When going through that route, he isn't even working around any kind of copyright protection; saving an image from that screen is normal operation of the software (it isn't even a modified copy of the browser or JavaScript manipulation or something like that).
Note that you can in some cases copyright the digitisation of out-of-copyright photos, if there is intellectual creation involved in their restoration or touching up. Simply removing blemishes ins't enough, but I don't know what they did in this case.
No. See Bridgeman vs. Corel. That was settled years ago.
That's a US judgement. Both of the organisations in this case are British.
https://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel...
> As a US court case, Bridgeman Art Library v. Corel Corp. is not binding upon UK courts.
And the UK government has a different opinion, which matches what I said.
https://www.gov.uk/government/publications/copyright-notice-...
> However, there is a degree of uncertainty regarding whether copyright can exist in digitised copies of older images for which copyright has expired.
There has been a huge attempt by Bridgeman and others to create FUD in this area. It didn't work. Partly because Wikipedia is willing to go to court if necessary.[1]
[1] https://en.wikipedia.org/wiki/National_Portrait_Gallery_and_...
> if there is intellectual creation involved in their restoration or touching up
Bizarre how people come in saying 'no.' with a big full stop, give a confused precedent from an entirely different country and legal system, then quote from links I gave them that paraphrase what I said and make it clear that it isn't a simple 'no.' or 'settled' like they said it was.
I don't have an opinion in either direction but it seems unnecessary to criticize the disagreement of others when even your own link refutes your claim, as Animats pointed out above. "Let's not throw stones in glass houses" and such.
Are there any examples to cite that support your claim?
No it doesn't - it says it's not a settled issue.
"No ... settled" vs an actual official UK government website on the subject contradicting with actually there's a "degree of uncertainty". How much of a better source can you get than that?
As far as I’m concerned if you have something that is sooo protected don’t upload it to public web; to access anything you have to, first, download its contents, second - eventually decrypt/decode.
That's the beauty of the asymmetry against DRM, one file shared is enough to break it.
I would argue that you have a better user experience consuming media through torrents as opposed to the 6+ different user hostile streaming services.
Windows is probably one of the most pirated software on the planet.
Wow, that quote is so profound!
The idea that authors were complaining about their work being copied (rather than being flattered by it) or that all artists before copyright were poor due to rampant plagiarism is not accurate at all.[1][2]
Furthermore, copyright does not protect all creators equally. There are access-to-justice issues in the underlying law, life+70 terms do not help anyone other than large legacy publishers, and the technical restrictions being implemented in the name of trying to make things easier on copyright owners also risks throwing out the entire concept of Fair Use on the Internet. It is very deeply accepted law in the US and other countries that when copyright and free speech are in conflict, free speech generally wins out. However, technical restrictions cannot adjudicate the law; and mandating technical enforcement by means that do not respect exceptions in the law is effectively repealing those exceptions.
This, collectively, creates a tiered system in which creators with better representation, deeper back-catalogs, or who create works that are less likely to be flagged by an upload filter are protected by the system, while those who are independent, getting started in their craft, or are just engaged in review or critique are treated as alien and suspect. The current system, inclusive of any proposed changes by the copyright maximalists, will not actually get photographers paid. You cannot represent every copyright dispute in court, and the technical systems intended to substitute for court representation are a mockery of the judicial process.
I will agree with you that a lot of people in the tech industry have a "kill and eat the creative class" mentality about them. Their obsession with NFTs - financialization as copyright alternative[0] - is a good case study of that. However, the distrust of copyright and patent law is not merely a matter of demanding free shit. It is learned behavior from decades of copyright maximalists downplaying or ignoring our valid concerns by insisting that if they didn't get everything they wanted, they would take their toys and go home.
As for China, they've done way more egregious shit than just not prosecute someone selling Disney knock-offs[1]. They do not have a functional concept of freedom-of-speech[2], and the fact that media companies will shit their pants about knock-off goods but stay silent on actual censorship indicates that their priorities are hella warped. Who cares what we are allowed to say, as long as we can own it, right?
And that's really just a microcosm of the whole problem with copyright maximalism. Maximalists don't care about the death of fair use online, as long as they can negotiate their way out of whatever upload filters they shackle everyone else with. They don't care about free speech as long as they are on the inside and know how to negotiate whatever rules are imposed upon them. To them, copyright is not something that protects small creators; it's something that protects them from small creators.
[0] Note: a lot of people who bought NFTs did not understand this, and either thought they were buying actual copyright title, or thought that "right-clickers" were literally stealing their work. This was a misreading of the (already-flawed) ideas behind NFTs; the idea was that you could sell artifically-scarce tokens representing an otherwise freely-shareable work. Thus, instead of holding a monopoly on copying and using your monopoly power to fund the creation of new work, you could just rely on selling unregulated speculative instruments to do the same thing.
[1] Also, under no circumstances should Disney be allowed to continue owning Mickey Mouse in any country - but that's a slightly different issue.
[2] Including the slightly watered-down concepts of "freedom of expression" in other countries. The differences are narrow enough that it shouldn't matter.
I want them to take their toys and go home. I don't believe civilization or culture would be harmed the slightest if the small benefit of copyright enforcement (against non-commercial copying) went away. Most creators don't make a living from their work, and keep trying anyway. If they do make a living, it's usually less because the work is amazing, and more that they (or their publishers) are really good at promotion and created a compelling narrative about the work. Parallel to that, and in a tiny minority, there are a few major artists at any given time that are printing money making content that sells itself, and a few more who are making content that has enough of a niche audience that they can make a living through patreon, youtube, substack, etc. Everyone else's stuff is not that good, doesn't resonate that well, and it takes promotion to sell it.
None of those paths to monetization require copyright enforcement against ordinary people sharing music or tv or movies or books with each other. If the content is good it will sell enough to make it worthwhile to produce. If it's not that good, the creator is more like a salesperson, and should get good at that, go hungry, or find a day job.
For water to be wet you'd need "wetness" to be a property you can substract from it, and yet I don't think "dry water" is a concept that exists.
So I'm going with "no".
No. See: wet paint
At best SmartFrame's website claims "Protect your images from right-clicks, drag-and-drop actions and other theft attempts – even site-scraping bots."[0] They are using vanilla JavaScript to perform this "protection" not DRM.
The author's claim of an authorization header is not convincing. That header identifies the site pulling the images and using the SmartFrame API, allowing them to do the "Detailed image analytics."[0]