| Author | Thread |
|
|
01/29/2006 03:56:15 PM · #1 |
How do each of you feel about your photos being used for private use among users and non-usersn here on DPChallenge?
Example: If I seen a photo I liked on the site and used it for personal use NOT COMMERCIAL to profit how would you feel?
Would you want to be notified?
What if I used it in a business sense but still not to profit?
Example: I used a photo of an apple in a Power Point on a presentation of health food or something?
Would you then want to be notified?
What level of use are you personallly willing to let go of before you you want compensation?
Hope this isn't a can of worms I am just trying to set some personal boundaries and would like to see what the norm is.
Message edited by author 2006-01-29 15:56:37. |
|
|
|
01/29/2006 04:00:58 PM · #2 |
| Personally (not much risk of this, so theoritical:) - I would want to know before hand. If it was really non-commercial, I suspect I would be fine with a lot of uses but it depends on the photo and the usage content (there are non-commercial political uses I would not want to be associated with for example). |
|
|
|
01/29/2006 04:09:31 PM · #3 |
| ALWAYS ask before hand stating what exactly you are going to use it for. There are to many free "clip-art" type site on the Internet to be dissapointed if someone says no. |
|
|
|
01/29/2006 04:09:51 PM · #4 |
Since the photos are all copyright by the photographers, you need prior permission for anything other than "fair use" for personal/educational use. You could probably use a photo as wallpaper on your home computer without violating the law. You couldn't re-post it on your own (or another) webstite.
Common sense and courtesy suggest that you inform the photographer of any use of their photo, regardless. |
|
|
|
01/29/2006 04:09:51 PM · #5 |
I'm pretty lax - you gotta figure if you put a photo on the web that you like, somebody else might like it too and use it for their own purposes.
The risk is that somebody will take and not tell or properly attribute. Most of the time I'll never know - but regardless, that is their failing of integrity and it doesn't really hurt me. The rewards are those times when somebody finds a photo and lets me know, asks to use it, or whatever.
For me, that reward is worth the risk.
Ideally, I would like financial compensation if an image were used in a business setting, and photographic credit on anything used for personal reasons - but if that doesn't happen, well - bummer. |
|
|
|
01/29/2006 04:10:21 PM · #6 |
Originally posted by jtf6agent:
Example: If I seen a photo I liked on the site and used it for personal use NOT COMMERCIAL to profit how would you feel?
|
Personal or commercial use to profit it doesn't matter...profit is profit, why would you want to profit off of someone else's photo?
|
|
|
|
01/29/2006 04:19:15 PM · #7 |
I've had photos I've entered on sites like this republished in online magazines without permission. Wasn't very happy with that.
In general, my answer would be that I'd be unhappy with someone illegally violating my copyright in pretty much any case. Never mind the fact that they are breaking the law, it also is potentially damaging to me in terms of sales opportunity for those images.
I.e., you take one of my pictures and use it on your web site then someone wants to buy an exlusive license for a few thousand dollars, I now can't sell it because you'd taken the image without permission.
Would you be willing to compensate the photographer for the loss due to your usage ? Would they have a valid court case against you ? Would you want to find out ? |
|
|
|
01/29/2006 04:22:18 PM · #8 |
| I don't want anybody using anything of mine without permission. I really hate it when a member even uses a photo of mine for a joke in a thread here on DPC. That really pisses me off. |
|
|
|
01/29/2006 04:29:32 PM · #9 |
I also wouldn't want people using my photos without my permission. I have been contacted before by ppl asking if they could use it for examples in class or show it somewhere, and I let them, cause its no big deal as long as they are not making ANY profit with it (thats just not fair). Its really easy to e-mail the photographer and ask, plus its the polite thing to do ;)
|
|
|
|
01/29/2006 04:59:56 PM · #10 |
Originally posted by mandyturner:
I don't want anybody using anything of mine without permission. I really hate it when a member even uses a photo of mine for a joke in a thread here on DPC. That really pisses me off. |
Trying to remember if I did that.....I don't think so!
|
|
|
|
01/29/2006 05:02:47 PM · #11 |
Originally posted by rex:
Trying to remember if I did that.....I don't think so! |
I would have let you know. You would have remembered our conversation.
Message edited by author 2006-01-29 17:03:26. |
|
|
|
01/29/2006 05:14:15 PM · #12 |
Unlike mandyturner, I feel if you use my photos from challenges or in my portfolio within the DPC community, I won't mind--the link is attribution enough.
Outside of DPC, anything other than saving my image to view for your desktop background constitutes some sort of "profit" to you--that's why you're using it and not something else. If someone saves a pic of mine to view everytime they boot up, fine...how would I know, anyway. You wouldn't have to tell me, but if you like it that much, why wouldn't you?
All other cases, to me, constitute copyright permissions. I wouldn't say no to 99% of the requests to use my images...especially for "eductional purposes"--but, again, if you like it that much why wouldn't you let me know? I can certainly "profit" from the little line that says my image was used by so-n-so for such-n-such and the knowledge that it was useful to someone for a particular purpose! It's not really about $$$, it is about ethics--yours and mine, both.
|
|
|
|
01/29/2006 05:24:41 PM · #13 |
I would be very upset if I found one of my photos had been used without my permission. I feel very strongly about this subject. Apart from the fact that it is illegal to use someone else's photo without permission for any reason, if that photographer's photos are registered with the Copyright Office here in USA you could face very stiff fines. I think it is inappropriate, if the photo is good enough for you to want to use for whatever purpose then it is good enough to compensate the person who created it in the first place. After all we all know the money we invest in our equipment and photography is my only income, I also have to pay my bills.
Just my 2c worth!! LOL
|
|
|
|
01/29/2006 05:34:05 PM · #14 |
The answer is posted on the bottom of every single page on DPC:
All digital photo copyrights belong to the photographers and may not be used without permission
|
|
|
|
01/29/2006 05:34:15 PM · #15 |
Originally posted by loriprophoto:
Apart from the fact that it is illegal to use someone else's photo without permission for any reason, if that photographer's photos are registered with the Copyright Office here in USA you could face very stiff fines. |
This is not entirely true. To the second part of this statement, there are no "fines" that I'm aware of--though, I do believe you have the right to sue. To the first part, if you publish (yes, posting on the web is publishing) you may subject your content to "fair use" meaning that your publication may be used for educational purposes (under US copyright law). In other words, you put up a website (blog, whatever) and some high-school teacher wants to use it as an example of bad website design you will have little recourse.
|
|
|
|
01/29/2006 05:36:28 PM · #16 |
Originally posted by idnic:
The answer is posted on the bottom of every single page on DPC:
All digital photo copyrights belong to the photographers and may not be used without permission |
That's not actually the answer to the OP's question. The OP wants to know your "individual feelings"--not what you think the US Law protects you from.
|
|
|
|
01/29/2006 06:03:00 PM · #17 |
Originally posted by KaDi:
Originally posted by loriprophoto:
Apart from the fact that it is illegal to use someone else's photo without permission for any reason, if that photographer's photos are registered with the Copyright Office here in USA you could face very stiff fines. |
This is not entirely true. To the second part of this statement, there are no "fines" that I'm aware of--though, I do believe you have the right to sue. To the first part, if you publish (yes, posting on the web is publishing) you may subject your content to "fair use" meaning that your publication may be used for educational purposes (under US copyright law). In other words, you put up a website (blog, whatever) and some high-school teacher wants to use it as an example of bad website design you will have little recourse. |
Whiles it's true that there may be no "fines" aside from liability for lost income from the infringed work, if the work is registered with the copyright office, and you infringe, you, the infringer, are liable for all legal fees in addition to complying with any "Cease and Desist" orders. Since it's a Federal law, that means Federal Courts and that means many $$$ in legal fees. Save yourself the trouble, don't infringe.
To answer the OP's question, I'd be friggin' steamed and if I couldn't get the individual to cease and desist on my own, I'd be calling my attorney.
Message edited by author 2006-01-29 18:05:22.
|
|
|
|
01/29/2006 06:04:33 PM · #18 |
Originally posted by mandyturner:
I don't want anybody using anything of mine without permission. I really hate it when a member even uses a photo of mine for a joke in a thread here on DPC. That really pisses me off. |
You might want to rethink this stance in light of a few passages from the TOS.
Particularly:
Originally posted by Section 6.2:
6.2 You hereby grant DPChallenge.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any rights you have in the Member Information and Media, and otherwise to make use of the Member Information and Media (including publishing, disseminating, broadcasting, manipulating, reproducing, editing, translating, performing, modifying, or displaying any part of the Member Information) and/or Media alone or as part of other work in any form, media, or technology whether now new known or hereafter developed, to enable DPChallenge.com to continue the specific operation or marketing of the site. This includes, but is certainly not limited to email "newsletters." |
In which you give DPC the right to use your images are it sees fit and to sublicense that use as it sees fit for the 'operation or marketing' of the site.
...and:
Originally posted by Section 4.6:
4.6 Subject to the terms set forth in this Agreement, DPChallenge.com hereby grants you a limited, nontransferable, nonexclusive right to access the Website and the services provided thereby. DPChallenge.com makes no covenant, representation or warranty that the Website will be operational at all times or that it will continue to offer the Website or any or all of the elements of the Website. You may not use the information of DPChallenge.com or any other Registered User in any manner that would enable a third party to obtain the benefits of the Website and the information and services offered thereby without first becoming a Registered User and using the Website to access such information and services. You agree that any information that you obtain through the Website is confidential and proprietary information of DPChallenge.com and its other users. Except as expressly set forth herein, you may not reproduce or distribute any information available from the Website, electronically or otherwise. You shall not store or aggregate such information in any manner. |
in which DPC sublicenses all media (including your images) to all Registered users by giving access to them thru a site feature (ie, the thumbnail link button when posting a message). This allows anyone that registers to use any images on the site for whatever reason they want to use them -- provided that use is also on the site. There are of course limits to good taste and it is always more polite to ask first -- but it is not impolite to use without asking (within DPC) since permission has already been given.
also:
Originally posted by Section 4.2:
4.2 You will not use the DPChallenge.com Service to post content or to design, manufacture, market or sell a Product that (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (iv) contains explicitly sexual content, (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) exploits images or the likeness of minors, (viii) encourages the use of drugs or the under-age use of alcohol or cigarettes or (ix) is generally offensive or in bad taste. |
This limits our conduct toward each other -- specific to this instance is the 'infringes the rights of a third party' part. Since you have licensed DPC which licensed the Registered user to use an image, you are on shaky ground contacting another member in a less than hospitable manner regarding their use of images they are licensed to use. Depending of course on how the registered user contacted wished to proceed and DPC wished to enforce.
Disclaimer: I'm not telling you what you should or should not do, just a friendly reminder of the contract you [digitally] signed when you became a member. And also, I am not a lawyer so my understanding of these passages may be flawed -- however, I can read and understand english, especially when clearly stated as the TOS is, and it says what it says.
****
Personally, to answer the OPs questions, I don't care who uses any images I post here. If I mind what is done with them I wouldn't be posting them to a site that displays them without a copywrite statement (as the challenges demand for the sake of anonymity). And no, the general statement at the bottom of every pageis not such a statement -- it reminds us that all images belong to someone, but is not a statement that 'this' particular image belongs to 'this' particular person.
But, there is little enough chance anyone is going to want to use an image of mine -- so this is all academic. :D
David
|
|
|
|
01/29/2006 06:07:59 PM · #19 |
Originally posted by mandyturner:
I don't want anybody using anything of mine without permission. I really hate it when a member even uses a photo of mine for a joke in a thread here on DPC. That really pisses me off. |
Oops. I made that collage for you. Should I go into hiding now? Maybe I should be okay since you DID mark it as a favorite.
Message edited by author 2006-01-29 18:09:37. |
|
|
|
01/29/2006 06:58:30 PM · #20 |
I would wonder why someone wanted to use a slacked down version on a photo rather than requesting the use of a picture and recieving a better cpoy to use. I mean the 640 rule with the 150 kb makes a shocking picture to use for anything.
Just an off the wall thought :) |
|
|
|
01/29/2006 07:08:28 PM · #21 |
If someone asks me to use a photo for non profit I will normally let them use it:)
however if they want to profit from the photo they must ask and I will ask for some pay and if I found out they had used a photo of mine for profit without payment it then I would go after them.
(charities with proof can use any of my photos for free)
:)
edit* I welcome all dpc users to use/edit any of my pics aslong as they are only used on dpc
Message edited by author 2006-01-29 19:11:10. |
|
|
|
01/29/2006 07:26:07 PM · #22 |
Originally posted by kari1:
I would wonder why someone wanted to use a slacked down version on a photo rather than requesting the use of a picture and recieving a better cpoy to use. I mean the 640 rule with the 150 kb makes a shocking picture to use for anything. |
I can give you an example here: I am going to teach two classes at a local community center. One of them will be a basic photography class - "Moving on from snapshots".
I am about to start preparing for that, and may not be able to find a perfect example for each concept covered amongst my own photos.
However, I might see a perfect example here on DPC. In that case, I would write to the person to ask if I could use the photo (I would include the photographer's name as text in the photo).
For MY purposes, the 150 KB version would be good enough. |
|
|
|
01/29/2006 07:26:17 PM · #23 |
I deliberately take photos that have no real commercial application. If one or several are posted here, for the purpose of learning, discussion or even entertainment, hell, I have no objection. If I'd find one of my images publicly broadcasted anywhere outside of this (DPC) context without my knowledge/consent, I'd be irate. If someone downloads a 640x for no other purpose than his own private pleasure, let him.
If I'd find my images used without my consent and knowledge for profit, I'd throw everything I could at him: stones, bombs, tar and feather.
Message edited by author 2006-01-29 19:27:52.
|
|
|
|
01/29/2006 07:51:57 PM · #24 |
Originally posted by David.C:
You might want to rethink this stance in light of a few passages from the TOS. |
These are my feelings about my images being used and changed for a laugh that is in bad taste.I don't want my pictures to be used as a joke. Someone in the past has taken a photo of me and made it look pornographic. I didn't like it at all. I had every right to get mad about it.
|
|
|
|
01/29/2006 07:54:27 PM · #25 |
Originally posted by NathanW:
Oops. I made that collage for you. Should I go into hiding now? Maybe I should be okay since you DID mark it as a favorite. |
That didn't make me mad because it wasn't dirty and because I know you weren't making fun of me or my photography. |
|
