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FORUMS Photography Talk by Genre Performing Arts Talk
Thread started 28 Apr 2017 (Friday) 18:33
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Photo used without permission, but it's within the law

 
BJWOK
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Apr 28, 2017 18:33 |  #1

If you've ever had a photo used without your permission, chanced are it was within the law:


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Larry ­ Johnson
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Apr 28, 2017 19:47 |  #2

BJWOK wrote in post #18341326 (external link)
If you've ever had a photo used without your permission, chanced are it was within the law: https://youtu.be/9iy2t​HDaJMo (external link)

A blanket statement like that is meaningless, and probably wrong. Laws are different in different countries.
The photographer in the video was likely trespassing and he's complaining about someone else using his photo without permission. When you are given advice, consider the source.


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BJWOK
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Apr 28, 2017 20:09 |  #3

Well, in this case it was meaningful. Not everyone on here is in the USA.

And yes, I can see the trespass angle. The location in question has been abandoned for 7 years and is a known place to shoot at. I'm not saying that makes the trespass ok, but in terms of the point of the video lets keep on topic?


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Larry ­ Johnson
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Apr 28, 2017 20:54 |  #4

BJWOK wrote in post #18341383 (external link)
Well, in this case it was meaningful. Not everyone on here is in the USA.

And yes, I can see the trespass angle. The location in question has been abandoned for 7 years and is a known place to shoot at. I'm not saying that makes the trespass ok, but in terms of the point of the video lets keep on topic?

have you been drinking.


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Scatterbrained
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Apr 28, 2017 21:20 |  #5

I tried to watch the video but couldn't get through the rambling. People need to learn to get to the point.


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BJWOK
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Apr 28, 2017 21:38 |  #6

Larry Johnson wrote in post #18341420 (external link)
have you been drinking.

All I'm saying is trespass into a abandoned building like this isn't such a big deal in Australia - I know it's a huge issue in the States, but here no-one really gives a hoot as long as you are not being a dick.

Now, about the photo being used without permission (as that was the point of this post!)


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BJWOK
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Apr 28, 2017 21:38 as a reply to Scatterbrained's post |  #7

Thanks Scatter.


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Larry ­ Johnson
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Apr 29, 2017 07:53 |  #8

BJWOK wrote in post #18341455 (external link)
All I'm saying is trespass into a abandoned building like this isn't such a big deal in Australia - I know it's a huge issue in the States, but here no-one really gives a hoot as long as you are not being a dick.

Now, about the photo being used without permission (as that was the point of this post!)

Benon,

It's just become apparent to me that you created the video and that the photo in question is yours. Initially, I assumed that you were sharing someone elses experience regarding use of the photo and commenting on or restating the legality of that use. The comments I made were directly related to the "legal" advice that you seem to give in your first post ("If you've ever had a photo used without your permission, chances are it was within the law."), and apparently in the video. (I, like Scatterbrained, couldn't watch the entire video.) I take exception to that apparent advice (or statement) and, knowing that laws are different in diffrent countries, believe it to be a ridiculous statement. My reference to the apparent trespassing was made only to emphasize that one should consider the source when listening to legal advice. In other words, don't take legal advice from someone who's apparently breaking the law.

As mentioned above, I couldn't watch the entire video. In fact, I only watched bits and pieces. I don't know if I saw the photo in question or not. I'm in no positon to comment on the photo or even under the impression that you are looking for feedback regarding the photo. If you are looking for feedback, you should have mentioned that in the title of your thread and in your first post.

I suspect that the thread was created simply to get more views and subscriptions to your youtube channel.


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BJWOK
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Apr 29, 2017 09:44 as a reply to Larry Johnson's post |  #9

Cheers Larry.


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TeamSpeed
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Post has been edited 6 months ago by TeamSpeed.
Apr 29, 2017 10:15 |  #10

We can get into just about any abandoned building we want here in the states. Now if the area is fenced off and signs all over, that is one thing. I have a whole gallery of abandoned structures where my daughter and I went to shoot some interesting things at each location. I am not sure where you get your info about the US.

Also, I haven't watched the video and don't care, especially if you are trying to create clickbait which is against forum rules. When I take an extraordinary shot and I find it has been used without my permission, I let the lawyers haggle it out, I don't need to concern myself with the intricacies and details.


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BJWOK
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Apr 29, 2017 18:50 as a reply to TeamSpeed's post |  #11

Thanks mate.

I was referring to Larry's conclusion that I must be drunk to think telling a story where "illegal" activities had occurred while trespassing was ok.

Btw, clickbait is when a title is completely misleading or a thumbnail image features content that does not occur anywhere within the video, this is simply not the case here.

My photo was used without permission, but it's within the law: it's exactly what happened and I explain why and how in the video.


My name is Benon (BJWOK are my initials) :)
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Pippan
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Apr 29, 2017 19:01 |  #12

BJWOK wrote in post #18341455 (external link)
All I'm saying is trespass into a abandoned building like this isn't such a big deal in Australia - I know it's a huge issue in the States, but here no-one really gives a hoot as long as you are not being a dick.

Now, about the photo being used without permission (as that was the point of this post!)

For many people, using someone else's photo without permission isn't such a big deal either. BTW I lived in Rozelle in the 80s. Nice to see it hasn't changed much. :)




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BJWOK
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Apr 29, 2017 20:36 as a reply to Pippan's post |  #13

For me, it's a big deal.

Yeah Rozelle looks like a nice area actually!


My name is Benon (BJWOK are my initials) :)
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RDKirk
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Post has been edited 6 months ago by RDKirk.
May 03, 2017 14:04 |  #14

Well, in the US the trespassing issue has nothing to do with copyright violations--they are different jurisdictions.

Trespassing laws are under the jurisdiction of the states; copyright law is under the jurisdiction of the federal government. A photographer might be out-and-out trespassing--totally illegal--but he still owns the copyright and if he registers it, still has full federal protection.

Even if the photographer is convicted of trespassing under state laws, that photograph he took while there is still all his. This was borne out in federal court a few years ago in a case when a photographer was trespassing on University of Georgia land.

Otherwise in the US, if a photograph is used without permission, chances are it's not within the law. "Fair use" provisions in the US get considerably tighter when the full work is used (as would normally be the case with a photograph). Infractors get away primarily because it's simply not worth the money and effort to go after most of them.




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Tom ­ Reichner
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May 04, 2017 23:33 |  #15

BJWOK wrote in post #18342167 (external link)
My photo was used without permission, but it's within the law: it's exactly what happened and I explain why and how in the video.

Could you explain why and how right here in this thread? That way we won't have to go watch the video........I don't like to go off-site when browsing POTN.

.


"Your" and "you're" are different words with completely different meanings - please use the correct one.
"They're", "their", and "there" are different words with completely different meanings - please use the correct one.
"Fare" and "fair" are different words with completely different meanings - please use the correct one. The proper expression is "peace of mind", NOT "piece of mind".

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