Copyright infringement?

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  #1  
Old 07-20-12, 10:14 AM
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Copyright infringement?

Copy a picture of the latest and greatest power tool from the manufacturer's web site and post it here to help somebody. Is that a copyright infringement? Using somebody elses intellectual property without permission? We do it here all the time.

The reason I ask is that I'm involved in a semi pithing contest with a person that posts gravestone photos on a free internet site. She wants to prevent people from copying and using her photos on other internet sites. I suspect that in the legal sense she may be correct, but I'm not sure.
 
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Old 07-20-12, 10:21 AM
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I believe the person has to copyright the photo. There are sites out there that allow you to do this.

Watermarks are popular.

Here is a lot of info on it.


Web Copyright Protection - Securing Your Photos and Graphics on the Web
 
  #3  
Old 07-20-12, 10:24 AM
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We are supposed to provide a reference for the source of such a picture being posted here.

I don't know whether a copyright prevents usage of the material or just profitable use of the material.... I agree, though, it seems like she would have legal legs on which to stand.

She does have a copyright on the pictures she posts?
 
  #4  
Old 07-20-12, 10:25 AM
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You can copy a pic here as long as you state who's it is and/or where you got the pic from.
What you can't do is copy it here or on your website and say it's yours. You also can't use the pic to make a profit from it.
 
  #5  
Old 07-20-12, 10:27 AM
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Want to add, a person doesn't have to copyright a pic to make it illegal for someone else to use, but it benefits them because it's hard for someone else to use it and claim it as their own.
 
  #6  
Old 07-20-12, 10:31 AM
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Just read thru the Forum Policies, and this is taken from there:

Photos and Graphics – Posting of photos and/or graphics from other websites and/or any publications are strictly prohibited, unless you have permission from the owner of the work. Document the source of the photo by including a credit to the author.
So, maybe not.
 
  #7  
Old 07-20-12, 11:12 AM
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As a photographer, and a forum owner, I hope I can provide a bit of info on this (although I am not 100% up on the latest rulings and lawsuits).

Copy a picture of the latest and greatest power tool from the manufacturer's web site and post it here to help somebody. Is that a copyright infringement?
Yes and no.
I most cases it won't stur any issues (which is what really matters). Technically the site that owned the photo could go after the forum owners because that photo might drive more hits on their ad supported site (generating revenue). Worst case, a take down notice is submitted, the picture is removed, life goes on (provided all parties are in N/A).
In most cases, it would be stupid for a manufactor or vendor to fight to remove the free promotional advertisement.

The reason I ask is that I'm involved in a semi pithing contest with a person that posts gravestone photos on a free internet site. She wants to prevent people from copying and using her photos on other internet sites. I suspect that in the legal sense she may be correct, but I'm not sure.
I am assuming this person is a photographer, and doesn't want her work given out for free?

There are a few solutions to this, and unless you are part of some sort of large US recording association, suing people isn't going to be one of them.
Sizing, watermarks and signatures are a few options I have used to show my work online.
For sizing, keep it small so that it's useless for anything but what you are trying to do with the picture (thumbnail of the pic).
Watermarking is a transparent (almost translusent) piece of text or image that goes across the picture. This will make removing it more effort then taking the picture yourself. Adding a signature to one of the corners is a little less distracting, but easily cut out.

Bottom line, if you don't want people to use it freely, keep it off the internet.

I've posted a lot of my work online using the three methods mentioned above. The really good, important to me shots only go from my computer to printed paper.
 
  #8  
Old 07-20-12, 11:45 AM
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Actually the person is a non professional, unpaid volunteer for a site called Find A Grave. They are a great site for historians, professional and amateur genealogists. Volunteers visit local cemeteries and take pictures of headstones and post them on the website.

While it is free, the site is for profit and they have sponsors. However, I don't think the photos themselves have any monetary value. The site does not market or sell them. Most of the volunteers encourage people to copy their photos but now a couple are squawking about people using their intellectual property without their permission.
 
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Old 07-20-12, 11:49 AM
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What is most important to me is if I post a picture I find on the Internet (with attribution to the site where the original is posted) to further explain some point I am trying to make, will I be subject to censure and/or being banned from this site?
 
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Old 07-20-12, 11:57 AM
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Furd: The answer to your question is "No."
 
  #11  
Old 07-20-12, 12:05 PM
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Wayne Mitchell,
I can kind of see why some would squawk, but they are going at it totally wrong. It gets my blood going if I see one of my pics somewhere else online or in print (happen once) without reference of where it was from or who I was.

A simple solution is to give full credit to the person that took the photo. A small caption below the pic, or a small label on the frame giving the name of the photographer.

Thanks to the SCO Unix mess and the recording industry, that term "intellectual property" really gets me going.
 

Last edited by Northern Mike; 07-20-12 at 02:25 PM.
  #12  
Old 07-20-12, 12:30 PM
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What about generic items? A receptacle is a receptacle. One looks just like any other. Especially if it has been cropped and resized the owner of the original source could not even identify it as coming from his site.
 
  #13  
Old 07-20-12, 01:26 PM
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Well....regarding posts from a commercial site...I'm sure they appreciate when we say " I bought this whosit from whatshisname company (insert pic) and it's great!"

Unless I'm mistaken...every pic has info that says where it came from....I would think that would be enough attribution.

I know some sites (one here locally when I was trying to post a pic of the 100 y/o building I've done some work at) won't allow copying of pics or even copying of text. You get a little warning box. I've seen that more than a few places.....maybe to prevent some sort of fraud or scam?

I would think if sites didn't want their stuff copied....it would be an easy fix. If they don't take due diligence and it is not being used for profit.....I really doubt it's an issue.

Mike....I think you meant "w/o reference......" in your last post?

"with reference of where it was from or who I was."
 
  #14  
Old 07-20-12, 02:04 PM
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I don't understand why these grave stone people care if someone else uses their picture of a headstone? What is it that they feel is damaging? They aren't getting paid, right? Sounds like what they do is something that they enjoy. If they don't want someone else using their pics, they should find something else to do. Even if it was infringement, they will have very little recourse. I'm not 100% on this, but as far as copyrighting something, you don't have to do it until someone infringes and you want to take action. As long as you can prove you are the one who made the original, you can get the material copyrighted, and then pursue action against the infringer.
 
  #15  
Old 07-20-12, 02:38 PM
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I definately agree with what Vic said (also fixed my post).

Drooplug,
It could be that some of these guys spent some time, money and effort to track down these locations, or stones, only to have someone to use their photo and give no credit for it.
Some people think that they should get money for everything.
 
  #16  
Old 07-20-12, 02:44 PM
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Drooplug has it exactly. For years people have copied headstone pictures (usually of their long dead relatives) freely. I have probably over a thousand, some I have taken myself and some copied from other sites. It was never a problem.

I sent an e-mail to one of the complaining volunteers asking how she intended to enforce her "copyright". Is she going to sue? What kind of damages can be collected for an item that has no value?
 
  #17  
Old 07-20-12, 04:16 PM
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Some people think that they should get money for everything.
If they want money for their work, then they shouldn't post items for free and call themselves volunteers. This isn't rocket science.

What kind of damages can be collected for an item that has no value?
There may actually be rates set by the government for this. I wouldn't know for sure. I know there are rates set for music.
 
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