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RE: How Copying and Pasting Images Can Get You In Trouble

in #photography8 years ago

This problem is becoming larger everyday. I see images with the copyright watermark splattered on the image, yet people dont care and use them in their posts. Whats worse is some of these posts are making alot of money. If people cant create their own content and have to resort to using other peoples work that have specifically spent the time to copyright there material, then that is a problem. To me it is just morally wrong full stop.

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I wonder how Facebook deals with it since they make money on my pictures\videos I post and others. Must be great to make Billions using my content I post about my life, thank you steemit.com for an alternative

oh i agree 100% they do. But there is a difference between stolen images that have been specifically created for someones livelihood and they have spent money to copyright that material. If they are getting credited or compensated then it wouldn't be an issue. But just because someone leaves the keys in the car does it mean you should steal it?

Yeah I tried to use the car analogy already and someone tried to tell me that a car is a singular object and a photo is different. But to me, neither would be any less MY property, despite if I can copy it or not. In fact we have to have our clients sign an agreement that they understand that the rights we are giving them are strictly for printing purposes and nothing more. This is for multiple reasons:

  • So they don't run into any issues at the lab they decide to print through. Sometimes they'll stop you and say, "These are professional images, and we can't print these due to copyright regulations." The contract is actually burned to the disc (or included on their USB drive) with their images so the lab can see they do have permission to print them.
  • So our copyright is protected. We don't even allow them to enter images into contests, let alone resell them. That's what we do with them, because we are who created them. This is confusing for some people because, "But it's an image of ME, so I must own it, right?" Not at all, actually. The creator is who owns it unless they sell you the ownership rights.
  • So we can use it to advertise. The client is made to understand that we will likely make money off of their image. That's what brings us business. If we take the best damn picture we've ever taken and it happens to be of you, we're using it. Most people are excited at that prospect, though, so it's not really ever been a problem. Besides, with the way people are about photos on Facebook these days - people WANT them to be seen.

It also reminds me of debates I'd get into with people talking about my print prices, and "how can you charge so much if the print itself only costs $1 to make", etc. People don't understand the difference between blank photo paper and photo paper with the image that I myself created that's printed on it. You're not buying the paper - you're buying the image as well, so naturally my print prices will be more expensive than what it costs you to get your point & shoot images printed at Walgreens..

As a creator of original content in a virtual world, i have had to deal with not only images but entire files being stolen and reused to gain profit, so i know how it feels to be "Ripped Off". Images are very hard to police. The whole concept of "Theft" is in the eye of the beholder, some take offence and would love to grab the offender and string them up by there legs and lash them ,lol. But then on the flipside some artists etc aren't as concerned as it can bring more exposure. My way of thinking is fairly straight forward and logical, and that is it doesn't feel morally right for me to use anyone else's images unless they are 100% license free to the public and/or i can give them credit. I try to use my own or edit my own as much as possible mainly because i like original content and hate to be in the "Oh man that guy over there is wearing the same t-shirt as me' category. But everyone to their own and i don't bash anyone for it, i just wont upvote if i see it happening within a post. Not that matters alot yet lol not a whale not even a dolphin, but it will matter in the future.

I think you have to experience having copyrighted work stolen from to understand. Some have a totally different view on this than others, and to be honest everyone is probably right,lol.....but experience it and you feel like you want to venture down the warpath.

Im not saying its okay. I believe linking\Framing the image is legal.
Maybe someone can read this and tell us.


https://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlinking_and_framing

That doesn't cover the case where a human being creates a new work that uses the original work creatively. That article is aboutautomated processes such as framing, deep linking, and thumbnailing.

The issues are completely different in the two cases. In automated use cases, the question is whether the use is transformative. In creative use cases, the question is whether the new work is derivative.

Using someone else's images creatively in your own work would be derivative and you would need a fair use defense or you would be infringing. (IANAL.)

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