If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
#21
|
|||
|
|||
Copyright and Picasa
Joseph Testagrose wrote in
: People, stop the stupid comments in reference to us copyright law and read up on it. Once you have published your work you do not have an absolute right to it, fair use trumps your rights. If you do not want fair use to trump yorr rights then dont post your pictures, READ THE CASE LAW AND STOP COMPLAINING ABOUT THE FAIR USE OF YOUR COPYRIGHT PICTURES. GROW UP AND LEARN ABOUT FAIR USE Care to cite your sources? This is an issue that interests me and I've done quite a bit of reading... and from what I see, you honestly don't know what you're talking about. "Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review." (Wikipedia) The Copyright act of 1976 says "the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." Is it for criticism of the photo or the plane? Maybe it qualifies. But just saying "gee, pretty picture" wouldn't count as criticism. Is it for comment? Again, I don't think "gee, pretty airplane" is what they had in mind. News reporting? Hard to say how that applies to a photo of planes that are (sometimes) many years old. If someone is reporting on a airshow, they MIGHT have some legitimate fair use claim, but I doubt that most websites could legitimately call themselves "news sources," even in a world where bloggers are getting press credentials. Teaching? Even less likely than news reporting. Scolarship or research? Again, it's a real stretch that most people could make a legitimate claim. Wikipedia also sites several misunderstandings of fair use. The following are also from their article on that subject: Acknowledgment of the source makes a use fair. Giving the name of the photographer or author may help, but it is not sufficient on its own. Copyright is a matter of law. Citing sources generally prevents accusations of plagiarism, but is not a sufficient defense against copyright violations (otherwise, anyone could legally reprint an entire copyrighted book just by citing who wrote it). Noncommercial use is invariably fair. Not true, though a judge may take the profit motive or lack thereof into account. In L.A. Times v. Free Republic, the court found that the noncommercial use of L.A. Times content by the Free Republic Web site was in fact not fair use, since it allowed the public to obtain material at no cost that they would otherwise pay for. AND BY THE WAY LEARN ABOUT WHETHER YOUR PICTURE IS EVEN ENTITLED TO COPY RIGHT PROTECTION. Well, it's clear that YOU need to learn about copyright law. ALL photos that I take are automatically copyrighted (and entitled to copyright protection), the moment I take them. That is the law in more than 150 countries and is enforced by international treaty, the Berne Convention. In the US you have to register the copyright to be able to sue for damages, but that's the only "official" step you need to take. .................................................. ............... Posted via TITANnews - Uncensored Newsgroups Access at http://www.TitanNews.com -=Every Newsgroup - Anonymous, UNCENSORED, BROADBAND Downloads=- |
#22
|
|||
|
|||
Copyright and Picasa
At least someone else in here has read that other then me and as an
educator I have a pretty good understanding. And yes just using a photo on your site because you think it is nice is self promotion and is a Violation of copyright. |
#23
|
|||
|
|||
Copyright and Picasa
Read the case law and stop with the stupid comments when you don't
know what you are talking about. On Sat, 01 Nov 2008 05:14:46 GMT, "Glenn" wrote: But you don't have a fair right to it either. Try and profit from one of anyone elses images and you'd not have much of a leg to stand on. Sounds to me like you are trying to justify putting an image you have seen on the web to promote your own business. as I understand it, the US copyright law (not anyone elses) states that it is for non profit organisations like charities. Not companies and not websites for the fun of it. jump up and down all you like, it seems that you using my photo is more upsetting to you than it is to me. curious, do you work for webshots. They like to bluff as well but they pull the images before it gets into a bum fight. "Joseph Testagrose" wrote in message .. . People, stop the stupid comments in reference to us copyright law and read up on it. Once you have published your work you do not have an absolute right to it, fair use trumps your rights. If you do not want fair use to trump yorr rights then dont post your pictures, READ THE CASE LAW AND STOP COMPLAINING ABOUT THE FAIR USE OF YOUR COPYRIGHT PICTURES. GROW UP AND LEARN ABOUT FAIR USE AND BY THE WAY LEARN ABOUT WHETHER YOUR PICTURE IS EVEN ENTITLED TO COPY RIGHT PROTECTION. On Fri, 31 Oct 2008 19:45:17 +0000, Peter Hucker wrote: On Mon, 20 Oct 2008 22:52:05 +0100, Richard Brooks wrote: Peter Hucker said the following on 20/10/2008 19:53: On 20 Oct 2008 18:30:20 GMT, mrorwell mrorwell wrote: Even if a photo (or any work) is uploaded to a newsgroup, you are not automatically granted the right to use it as you choose. Uploading it does NOT put it in the public domain. There is never a time when it automatically goes in to public domain until after the copyright expires. Under current US law, could be 100+ years. (You have the Disney corporation (among others) to thank for pushing for longer and longer copyrights.) Granted, the copyright holder may have a difficult time preventing you from using it or tracking you down if you do use the photo without permission, but they have (almost) complete legal control over its use. The "almost" part refers to gray areas surrounding parody and reviews. But copyright is WAY to complex to be explained in 2 paragraphs. Check wikipedia for a better overview and links to more detailed explanation. Then the US have it completely wrong. What is the difference between people seeing your work on the newsgroup, and people seeing your work on somebody else's webpage, with attributions to you? They didn't ask? Not enough of a difference. The people accessing them are still seein a photo with the author's name on it, all that has changed is the method they use to access the photo. |
#24
|
|||
|
|||
Copyright and Picasa
Yes and posting pictures for educational purposes and not for profit
is fair use, once again read the case law (the decisons) from the various Federal District Courts. Wikipedia is not the case law and their are four fair use tests that must be decided by the Courts. Simply put 1-Purpose & character of the use, 2-The nature of the copyrighted work, 3-Amount & substantiality of the portion used in relation to the copyrighted work as a whole and 4-The effect of the use upon the potential market for or value of the copyrighted work. For example if I had a web site (I don;t) and used copyrighted pictures on it I could claim it is for educational purposes such as teaching people the history of aviation I would probably win on One. Depending on the orginal artistic merit of the photo I might win or lose on Two. Three I probably would lose and Four I am not making money on the infringment and you have to prove that you lost money and the monatary value of your copyrighted work, I probably would win on Four. Case dismissed, fair use. Once again read the case law. Joe. On 01 Nov 2008 05:46:46 GMT, mrorwell mrorwell wrote: Joseph Testagrose wrote in : People, stop the stupid comments in reference to us copyright law and read up on it. Once you have published your work you do not have an absolute right to it, fair use trumps your rights. If you do not want fair use to trump yorr rights then dont post your pictures, READ THE CASE LAW AND STOP COMPLAINING ABOUT THE FAIR USE OF YOUR COPYRIGHT PICTURES. GROW UP AND LEARN ABOUT FAIR USE Care to cite your sources? This is an issue that interests me and I've done quite a bit of reading... and from what I see, you honestly don't know what you're talking about. "Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review." (Wikipedia) The Copyright act of 1976 says "the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." Is it for criticism of the photo or the plane? Maybe it qualifies. But just saying "gee, pretty picture" wouldn't count as criticism. Is it for comment? Again, I don't think "gee, pretty airplane" is what they had in mind. News reporting? Hard to say how that applies to a photo of planes that are (sometimes) many years old. If someone is reporting on a airshow, they MIGHT have some legitimate fair use claim, but I doubt that most websites could legitimately call themselves "news sources," even in a world where bloggers are getting press credentials. Teaching? Even less likely than news reporting. Scolarship or research? Again, it's a real stretch that most people could make a legitimate claim. Wikipedia also sites several misunderstandings of fair use. The following are also from their article on that subject: Acknowledgment of the source makes a use fair. Giving the name of the photographer or author may help, but it is not sufficient on its own. Copyright is a matter of law. Citing sources generally prevents accusations of plagiarism, but is not a sufficient defense against copyright violations (otherwise, anyone could legally reprint an entire copyrighted book just by citing who wrote it). Noncommercial use is invariably fair. Not true, though a judge may take the profit motive or lack thereof into account. In L.A. Times v. Free Republic, the court found that the noncommercial use of L.A. Times content by the Free Republic Web site was in fact not fair use, since it allowed the public to obtain material at no cost that they would otherwise pay for. AND BY THE WAY LEARN ABOUT WHETHER YOUR PICTURE IS EVEN ENTITLED TO COPY RIGHT PROTECTION. Well, it's clear that YOU need to learn about copyright law. ALL photos that I take are automatically copyrighted (and entitled to copyright protection), the moment I take them. That is the law in more than 150 countries and is enforced by international treaty, the Berne Convention. In the US you have to register the copyright to be able to sue for damages, but that's the only "official" step you need to take. ................................................. ............... Posted via TITANnews - Uncensored Newsgroups Access at http://www.TitanNews.com -=Every Newsgroup - Anonymous, UNCENSORED, BROADBAND Downloads=- |
#25
|
|||
|
|||
Copyright and Picasa
So Now you are a Lawyer and Judge specializing in copyright law?
|
#26
|
|||
|
|||
Copyright and Picasa
Joseph Testagrose wrote in
: For example if I had a web site (I don;t) and used copyrighted pictures on it I could claim it is for educational purposes such as teaching people the history of aviation I would probably win on One. Wait... you mean all I have to do is CLAIM that it's for educational purposes and I'm covered? Really? So I can post photos of naked women and call it an anatomy lesson and be covered? That's great! Ok, sarcasm aside, I wouldn't bet the farm on you winning that first test if all you've done is post some photos and called it education. What are you teaching? Are you giving information in a structured manner? Are you adding anything to help people understand the photos in the context of the history of aviation? Posting 1,000 photos starting with the Wright flyer and ending with the F-22 isn't education, it's a photobucket account. You yourself said that you would probably lose on the third test (Amount & substantiality of the portion used in relation to the copyrighted work as a whole) so without that, how could you possibly support the claim of education? And the fourth test, effect of the use upon the potential market for the photo is only going to keep you from being sued for damages. I'll agree that Wikipedia isn't the law... call it legalese for dummies. But I also cited a section of the Copyright Act of 1976. All you've done is say "read case history." CITE your sources. Give us an actual example. Show us how any tom, dick or harry can take photos from here, drop them on a website and call it "education" and get away with it. .................................................. ............... Posted via TITANnews - Uncensored Newsgroups Access at http://www.TitanNews.com -=Every Newsgroup - Anonymous, UNCENSORED, BROADBAND Downloads=- |
#27
|
|||
|
|||
Copyright and Picasa
Joseph Testagrose wrote in
: Read the case law and stop with the stupid comments when you don't know what you are talking about. The irony of that statement is quite amusing. .................................................. ............... Posted via TITANnews - Uncensored Newsgroups Access at http://www.TitanNews.com -=Every Newsgroup - Anonymous, UNCENSORED, BROADBAND Downloads=- |
#28
|
|||
|
|||
Copyright and Picasa
Profit is the key here.
Taking an image from this group and putting it on a page not for profit - I don't see the harm in that. On Sat, 01 Nov 2008 05:14:46 GMT, "Glenn" wrote: But you don't have a fair right to it either. Try and profit from one of anyone elses images and you'd not have much of a leg to stand on. Sounds to me like you are trying to justify putting an image you have seen on the web to promote your own business. as I understand it, the US copyright law (not anyone elses) states that it is for non profit organisations like charities. Not companies and not websites for the fun of it. jump up and down all you like, it seems that you using my photo is more upsetting to you than it is to me. curious, do you work for webshots. They like to bluff as well but they pull the images before it gets into a bum fight. "Joseph Testagrose" wrote in message .. . People, stop the stupid comments in reference to us copyright law and read up on it. Once you have published your work you do not have an absolute right to it, fair use trumps your rights. If you do not want fair use to trump yorr rights then dont post your pictures, READ THE CASE LAW AND STOP COMPLAINING ABOUT THE FAIR USE OF YOUR COPYRIGHT PICTURES. GROW UP AND LEARN ABOUT FAIR USE AND BY THE WAY LEARN ABOUT WHETHER YOUR PICTURE IS EVEN ENTITLED TO COPY RIGHT PROTECTION. On Fri, 31 Oct 2008 19:45:17 +0000, Peter Hucker wrote: On Mon, 20 Oct 2008 22:52:05 +0100, Richard Brooks wrote: Peter Hucker said the following on 20/10/2008 19:53: On 20 Oct 2008 18:30:20 GMT, mrorwell mrorwell wrote: Even if a photo (or any work) is uploaded to a newsgroup, you are not automatically granted the right to use it as you choose. Uploading it does NOT put it in the public domain. There is never a time when it automatically goes in to public domain until after the copyright expires. Under current US law, could be 100+ years. (You have the Disney corporation (among others) to thank for pushing for longer and longer copyrights.) Granted, the copyright holder may have a difficult time preventing you from using it or tracking you down if you do use the photo without permission, but they have (almost) complete legal control over its use. The "almost" part refers to gray areas surrounding parody and reviews. But copyright is WAY to complex to be explained in 2 paragraphs. Check wikipedia for a better overview and links to more detailed explanation. Then the US have it completely wrong. What is the difference between people seeing your work on the newsgroup, and people seeing your work on somebody else's webpage, with attributions to you? They didn't ask? Not enough of a difference. The people accessing them are still seein a photo with the author's name on it, all that has changed is the method they use to access the photo. -- http://www.petersparrots.com http://www.insanevideoclips.com http://www.petersphotos.com "Americans will always do the right thing when they have exhausted all other alternatives." -- Winston Churchill |
#29
|
|||
|
|||
Copyright and Picasa
On 02 Nov 2008 05:09:44 GMT, mrorwell mrorwell wrote:
Joseph Testagrose wrote in : For example if I had a web site (I don;t) and used copyrighted pictures on it I could claim it is for educational purposes such as teaching people the history of aviation I would probably win on One. Wait... you mean all I have to do is CLAIM that it's for educational purposes and I'm covered? Really? So I can post photos of naked women and call it an anatomy lesson and be covered? That's great! You can post them anyway. Naked woman aren't illegal. -- http://www.petersparrots.com http://www.insanevideoclips.com http://www.petersphotos.com _,=.=,_ ,'=. `\___, / \ (0 | __ _ / \ ___/ /| | ''--.._ | | \) || | ===|\ ', _/ .--' || | ====| | `"`; ( || | ===|/ [[[[]]_..,_ \|_|_..--;"` / .--""``\\ __)__|_ .' .\,,||___ | | ( .' -""`| `"";___)---'|________|__ |\ / __| [_____________________] \| .-' `\ |.----------.| \ _ | || || ( .-' ) || || `""""""""""""` """ """ |
#30
|
|||
|
|||
Copyright and Picasa
On Fri, 31 Oct 2008 23:09:31 GMT, "Glenn"
wrote: "Peter Hucker" wrote in message .. . On Wed, 22 Oct 2008 05:13:56 GMT, "Glenn" wrote: Then the US have it completely wrong. What is the difference between people seeing your work on the newsgroup, and people seeing your work on somebody else's webpage, with attributions to you? I may not want it to go on another website. Why on earth not? Not that it is of any concern to you. You made the statement, of course you need to back it up. But I may have allegience with one website over another I have certain criteria that I have abided by to get permission that involves careful usage. same applies to magazines etc. I most certainly do not want the image used in another website that tries to sell it. Then that's between the two websites, why should it concern you? -- http://www.petersparrots.com http://www.insanevideoclips.com http://www.petersphotos.com Lysdexia: a peech imspediment we live to learn with... |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Copyright logo | Pjmac35 | Aviation Photos | 6 | May 22nd 07 12:07 PM |