> 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.
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.