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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 21 Aug 2015 (Friday) 07:12
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Stupid is as stupid does

 
digirebelva
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Aug 21, 2015 07:12 |  #1

https://www.techdirt.c​om …explicit-permission.shtml (external link)


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GeoKras1989
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Aug 21, 2015 07:28 |  #2
bannedPermanent ban

As my old pal BB used to say, "What a maroon!"

This guy squandered an opportunity to capitalize (really, not through the tort system) on his photo. My wife uses my photos in her Christmas cards. Some of the commercial entities she sends to occasionally ask if they can use a photo in the lobby or something. I always consent, at no charge. Please, just credit me if someone asks. Nothing has ever come of it, but it is nice to see my work displayed somewhere besides home.


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Aug 21, 2015 07:56 |  #3

I generally apply a creative commons license to my photos which grants rights to use them for educational, scientific, or non-profit use. The license excludes commercial use. That should be pretty simple to understand.


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Aug 21, 2015 09:33 |  #4

But think of all the exposure he's getting, with his name on the cover of a ... printed map.


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Aug 21, 2015 09:52 |  #5

Folks don't understand the public domain implication of posting photos and links to them on forums such as this...which is why very little that I post here is from shots not taken explicitly for illustration purposes on this forum. Members beware, and understand this,

"But plaintiff uploaded the photograph to a public photo-sharing website, where he did not assert exclusive rights to his copyrighted image, and he instead opted to license the work and make it available for use by others without compensation."


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Intheswamp
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Aug 21, 2015 10:33 |  #6

Looks like the court ruled correctly and the photographer wasted tax money and an opportunity for some good publicity...maybe even picking up the map company as a future client. Hopefully something was learned from this...

This stirs up old thoughts within me. I may be an idiot for asking these questions, but...

If we upload an image to Flickr, set copyright as "all rights reserved", and then post a link to it here on POTN....is that image protected from unauthorized use under the US copyright laws? Or, by posting the link to this public forum and having it stored on a public photo-sharing website does that compromise the copyright to the point of it (the copyright) being useless?

Ed


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nathancarter
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Aug 21, 2015 10:45 |  #7

Intheswamp wrote in post #17677580 (external link)
If we upload an image to Flickr, set copyright as "all rights reserved", and then post a link to it here on POTN....is that image protected from unauthorized use under the US copyright laws? Or, by posting the link to this public forum and having it stored on a public photo-sharing website does that compromise the copyright to the point of it (the copyright) being useless?

Ed


It doesn't invalidate your copyright.

However, it becomes nearly impossible to find infringers, and pursuing them is often quite impractical. If you've registered your images before posting them, pursuing damages MIGHT be marginally easier.


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Intheswamp
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Aug 21, 2015 11:25 |  #8

Thanks for the reply, nathancarter. The registration must come before posting the image online? In other words, images already posted and *then* registered don't have as full of protection as pre-registered images?

I'm just a hobbiest who would love to one day maybe make some income from my photography (actually I need to make some income with it :rolleyes:). Am I shooting myself in the foot by posting images online? Almost seems like I am. -?

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PineBomb
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Aug 21, 2015 12:17 |  #9

Intheswamp wrote in post #17677654 (external link)
Am I shooting myself in the foot by posting images online? Almost seems like I am. -?

Ed

It cuts both ways. An inaccessible portfolio is self-defeating.


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nathancarter
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Aug 21, 2015 14:46 |  #10

Intheswamp wrote in post #17677654 (external link)
Thanks for the reply, nathancarter. The registration must come before posting the image online? In other words, images already posted and *then* registered don't have as full of protection as pre-registered images?

I'm just a hobbiest who would love to one day maybe make some income from my photography (actually I need to make some income with it :rolleyes:). Am I shooting myself in the foot by posting images online? Almost seems like I am. -?

Ed

Off the top of my head, I believe the phrasing is "within 90 days of initial publication." So you have a small grace period, but it's not a great idea to wait until after you've been infringed to try to register your stuff.

Personally, I've been pretty lax about it. My stuff ain't worth stealing, except to the people to whom I would freely give it anyway.


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Intheswamp
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Aug 21, 2015 18:06 |  #11

Seems I recall reading the 90-day grace period. Well, I guess I'm in a similar boat as you...I really don't have anything worth stealing/selling...one day maybe, though! ;)

Ed


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Dan ­ Marchant
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Aug 21, 2015 18:38 |  #12

Intheswamp wrote in post #17677654 (external link)
Thanks for the reply, nathancarter. The registration must come before posting the image online? In other words, images already posted and *then* registered don't have as full of protection as pre-registered images?

No and yes.
The actual rules are that registration must occur within 90 days of first publication OR prior to infringement.

So...
1. if you register before publication you are protected and can claim statutory damages and costs.
2. if you publish without registration and someone infringes on day 30 after publication, you can still register and get full protection and can claim statutory damages and costs.
3. If you publish and don't register until 180 days later and someone infringes on day 181, you are protected and can claim statutory damages and costs.
4. If you publish and don't register and someone infringes on day 91+ you can still register your images and can sue for infringement but you can't claim statutory damages and costs. This makes it much more difficult and expensive to pursue an infringement case.


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Aug 21, 2015 19:11 |  #13

I'm glad I found this thread... I fall into the "stupid" category I guess. I hadn't changed my licence on Flickr, I thought they were automatically uploaded with a copyright attached.

I actually had an incident with a friend of a friend who was going to be a future client... she stole a few of my photos to promote an upcoming show without asking or crediting me, this after she said she wanted to hire me to do photos specifically for her event promotions but obviously before I set up a shoot to do them. I was really irritated, but because she someone I knew I just asked her to credit me in the future... I didn't even realize I had no real legal recourse since she took them from my Flickr page (though they did have a watermark in the corner, which she cropped out, don't know if that even matters).

Either way, I've now changed my licensing :)


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Dan ­ Marchant
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Aug 21, 2015 19:54 |  #14

EverydayGetaway wrote in post #17678090 (external link)
I didn't even realize I had no real legal recourse since she took them from my Flickr page (though they did have a watermark in the corner, which she cropped out, don't know if that even matters).

Either way, I've now changed my licensing :)

You didn't have any recourse to sue for copyright infringement as you had granted a license via the Flickr licensing. However, cropping off a watermark (under US law) is a totally separate federal offence - regardless of if the copyright is registered or not. http://www.photoattorn​ey.com …e-music-to-your-ears.html (external link)


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digirebelva
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Aug 21, 2015 19:58 |  #15

EverydayGetaway wrote in post #17678090 (external link)
(though they did have a watermark in the corner, which she cropped out, don't know if that even matters).

Uh yeah, that does...its illegal to do that

"The Digital Millennium Copyright Act of 1998 makes it a criminal offense to remove watermarks meant to protect copyright. "

it is specifically ILLEGAL to remove a watermark from a photo, AND punishable with up to an additional $25,000 fine in statutory damages. Not only is the act of removal prohibited, the courts assume that the very attempt indicates a willful intent to violate somebody's copyright

http://www.examiner.co​m …es-you-don-t-want-to-make (external link)


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