Photos: Intellectual Property Rights

[Tresco]

Last night a couple of photos were removed because the posting of them breached intellectual property rights.

I'm not sure if one, or both breached IPR - as messages posted as a reply to the original message get deleted automatically - but how can you tell whether you are using the photo illegally?

[Eslier]

If the photo is one that you have taken or you know the person who has taken it and have been given specific permission to use it then it is fine to post it within the forum.  If you copy and paste a photo from another website, scan something in from another source (magazine etc.) then there is a breach of copyright.

The problem is, that as this site is owned by Archant then they could be the ones in trouble if photos are published without permission.

I hope that helps clarify the situation.

[Dick Smith]

In general it doesn't much matter. In the real world, unless you are running a subscription website that uses someone else's photos the issue isn't likely to arise.

Photobucket says that there is not really anything that can be done, as downloading an image is so simple.

So what is done is to provide a picture on a web page which is unusable in any context which might be money making - which really means print publication or subscription websites.

Any pictures on websites should be kept relatively small, and reproduced at a resolution of 72 dpi (dots per inch), which is the general resolution of the computer screen (I think mine is 76dpi, but I'm not sure). If you try to print a picture at 72dpi at any real size it will look grainy or pixilated, and so would be unusable, but as it is the same resolution as the screen it looks fine there.

I have never heard of anyone being prosecuted for this, although there have been occasions when 'stars' have objected to their image being used, but I believe that to have been a brand-image issue rather than copyright.

And, of course, if we are going to delete every post to which someone could potentially object we won't have that many left - I ask why Chris PP's bird pictures have not been deleted, many people's avatars presumably fall foul of the same danger and so on and so forth.

[chris pp]

If you have copied the photo from another website using the right click copy option, when you paste it on the new site it remains hot linked to the original source. If you then right click on the photo and click the option properties it will give the source URL, therefore arguably you haven't actually taken it as it is technically credited, interesting. I have no idea what this means in law or in how many cases anyone would really care. If someone has copied a photo to their computer and then sends it to me to use, I have no idea if it is theirs by right or if they have taken it from elsewhere.

Chris

[Will]

Dick is (as usual) perfectly correct.

Just as in copyright issues of the written word, the copyright of the image belongs to the person who took the photograph, unless the photographer has signed over all rights to somebody else (and even then, in case of dispute, copyright law tends to favour the author/photographer) - the main exception being when the author/photographer is actually an employee, then the copyright of anything produced in the course of that employment will generally belong to the employer.

So 'borrowing' an image may be technically in breach of copyright but is only likely to cause problems in cases of using the image in a money-earning context. I remember a case on this site some time ago where somebody had taken some pictures of a gite, for use in publicising that gite, but they had been 'lifted' by another rental outfit for their own publicity purposes. Then, there was clearly a breach of copyright - but if I recall it correctly little the photographer could actually do about it.

Problems will also arise in cases of somebody 'passing off' somebody else's picture or text as their own work.

In the real world, anybody who is really bothered about copyright of a picture on a web site would make it difficult or impossible to copy that picture, or would put a clear statement that pictures were only to be downloaded or reproduced for certain legitimate purposes - I see this all the time when downloading publicity pictures to accompany articles. Such pictures are freely available for this purpose, but reproduction for other commercial purposes would not be permitted. This of course refers mainly to high-resolution pictures. Images from web sites are totally unsuitable for anything other than other web sites, or TV (where you frequently see web pages and images).

Also in the real world, an acknowledgment of the source of a picture is generally sufficient to avoid any copyright dispute, just as quoting from a text does not breach copyright, particularly if the source is mentioned.

[Christine Animal]

Oh Dear, I'm doing it all the time.  Which pictures were removed, was it me?

 

[Anton Redman]

A lot of digital images nopw incorporate a water mark into their code which does not disrupt the images but does mean if it crops up somewhwer it can be scanned, detected and traced. 

[Eslier]

There is no dispute that using a photograph for which you have no rights of use is contravening someone's Intellectual Property Rights.  I agree that this sort of practice is widespread and action is rarely taken by the owners of the photos but this doesn't make it permissable.

It should be remembered that Archant, who own this forum, is a publishing company itself and it would be highly embarassing for them should anyone take exception to photos published in their webspace. This is why such posting of photos is specifically proibited in the Forum Code of Conduct.

We are very fortunate to have the facility to post photos within the forum. There are other forums who do not allow this specifically because of the serious potential implications of copyright breaches. We moderators are only members of the forum like the rest of you and I for one would like to see this facility of posting photos continue. For that reason it is only fair that we do what is asked of us by Acrhant Forum Admin and do our best to uphold the Code of Conduct. We try to do this in as friendly a manner as possible and are always happy to offer advice or answer questions if contacted privately.

[hastobe]

[quote user="chris pp"]

If you have copied the photo from another

website using the right click copy option, when you paste it on the new

site it remains hot linked to the original source. If you then right

click on the photo and click the option properties it will give the

source URL, therefore arguably you haven't actually taken it as it is

technically credited, interesting.

[/quote]

Website owners are likely to get even more miffed about this - because

as well as nicking their picture you're also using their bandwidth and

running up their hosting costs.  As an aside, commercial

photography is often tagged electronically (using the digimarc process)

- this mark is not visible but enables the owner to track the image

whereever it is being used (or abused!).

Hastobe

[Tresco]

My post has gone, and so has wills'!

The whole forum has gone crazy!

[Dick Smith]

What happened?

[Tresco]

Either I or will or both of us, and perhaps Christine too, infringed something.

[Dick Smith]

Apparently the thread has been removed because it discusses the administration of the forum - but it is still here!

What on earth is going on?

[Christine Animal]

Not much point in continuing, or trying to, under these conditions is there?

[daryl-et-elaine]

I'm afraid if everyone adopted the attitude that an image on the internet is there for the benefit of anyone to do with as they wish, many photographers and photo stock agents would go out of business!

Copyright is copyright and there are not many web sites which fail to mention the fact that both images and page content are subject to copyright. At the end of the day if you chose to uplift an image - it is theft.

Even very low resolution images can be enhanced, and the reason why I pay a premium to ensure the majority of my images are digitally encoded in order they can be traced and action taken where appropriate.

Please don't believe for one minute that no-one bothers if an image is illegally used. There has been a very recent case where a photographer has been awarded a handsome payout as a result of an organisation using an image they claimed as there own.

Beware!

[ali-cat]

But surely no one on here posts a picture & tries to claim it as their own work.  Virtually every avatar or thread would be deleted (if not, already [Www])!!

[TWINKLE]

[quote user="Christine Animal"]

Oh Dear, I'm doing it all the time.  Which pictures were removed, was it me?

 

[/quote]

No, I posted a photo of camp Frankie Howard and even camper Larry Grayson (don't ask[:-))])  and they were pulled.
However, I also posted a photo of the saucy ladies man Benny Hill but strangely he got to stay!

As in the words of Toyah Wilcox - "It's a mystery, oh it's a mystery"

[ali-cat]

As in the words of Toyah Wilcox - "It's a mystery, oh it's a mystery"

To be sung with a lisp, of course!! [:D]

[TWINKLE]

By the way for those who don't know old Toyah is here's a photo of her taken with my dad - I took the photo so it's ok[:)]

[ali-cat]

Cracker photo, Twink!!  Your dad looks familar - has he ever been to Ards?

[TWINKLE]

Of corth Ali!

[Eslier]

If anyone is interested in finding images that can be published freely then just do a Google search for "public domain images" and you will find many websites offering copyright free pictures.

[Christine Animal]

Ah!  Thank you Mr. Eslier   [:)]

Twinkle, Dick already told me it was Frankie Howard, but his post was deleted.  [:D]

Which thread was it on, I haven't seen Benny Hill for years.

 

[TWINKLE]

[quote user="Christine Animal"]

Ah!  Thank you Mr. Eslier   [:)]

Twinkle, Dick already told me it was Frankie Howard, but his post was deleted.  [:D]

Which thread was it on, I haven't seen Benny Hill for years.

 

[/quote]

Because he replied to my post his was automatically deleted Larry grayson was also deleted but Benny got to stay well he was there when I last looked anyway on the same thread http://www.completefrance.com/cs/forums/AddPost.aspx?PostID=672762&Quote=True

have a look at the Avatar thread - found you a lovely "allowed" photo!

[Russethouse]

Twinkle, is your father Alan Titmarsh ? [:)]