Loading ...
Sorry, an error occurred while loading the content.
 

Re: [BirdingCalifornia] Photo copyright infringement

Expand Messages
  • erpfromca@aol.com
    In a message dated 11/27/2007 3:41:44 P.M. Pacific Standard Time, summers@ocsnet.net writes: I have deleted the file and apologize to all photographers. I
    Message 1 of 3 , Nov 27, 2007
      In a message dated 11/27/2007 3:41:44 P.M. Pacific Standard Time,
      summers@... writes:

      I have deleted the file
      and apologize to all photographers.



      I have done the same with the Saker file...


      Ed Pandolfino



      **************************************Check out AOL's list of 2007's hottest
      products.
      (http://money.aol.com/special/hot-products-2007?NCID=aoltop00030000000001)


      [Non-text portions of this message have been removed]
    • Jim Greaves
      My understanding of copyright law is that use without permission may occur as long as full credit is given to the copyright owner, AND as long as the use is
      Message 2 of 3 , Dec 1, 2007
        My understanding of copyright law is that "use" without permission may occur as long as
        full credit is given to the copyright owner, AND as long as the use is not for profit, OR is
        for purely educational or illustrative purposes, AND no money exchanges hands (I suppose
        cost of making multiple copies for class handouts can be re-couped, and usually are in the
        form of lab fees). If I am wrong, then most of our college and many high school teachers
        should immediately be prosecuted every time they photo copy something to hand to their
        students! Probably a lawyer might better answer this, since I'm basing my understanding/
        knowledge on what I learned 30+ years ago in a First Amendment Law class... It is
        however obviously common courtesy to ask permission! Hopefully for all us
        photographers' sakes that will be done in future, but I don't hold out much hope that
        everyone will abide by that, or that they even agree with it. There are many I have met who
        think no one should "own" anything! That last aside notwithstanding, we would all love to
        be paid for our works, and ALWAYS want credit that is due, but often by sharing the way
        we do on these and other sites we give the impression we are either rich or fools, or both,
        or don't value our own efforts and work. I've had several photos similarly used in the past,
        and in one case simply solved it by sending an invoice and notice that I never gave the
        newspaper permission for the "new" use -- I was paid promptly, without question. It would
        be harshly unfair to assume because someone posted a photo on line, it is now open to
        use anywhere. We do value our work, but this game of birding often results in trade-offs,
        or unintended consequences, as some of it is "bragging" rights perhaps, wherein we show
        the results we got so others will see either that the bird was real, or can see what a beauty
        it is when seen -- and many of us (I too) "copy" the image to a folder for later "use", which
        is usually just to inspect it further for details that guides or descriptions may not show us.
        And, that is why I always attach a copyright or other notice on the photo -- so there is no
        question that it is MY photo and is therefore not subject to use without permission, other
        than that personal inspection later, offline (OR at least anyone with understanding of such
        credit notice on an image, ought to know what it means). Hope my 2 cents help -- Jim
        Greaves
      • Don Roberson
        This is probably inappropriate for this group. However, the law is not as Jim Greaves states. Rather, he attempts to state the fair use doctrine part of
        Message 3 of 3 , Dec 1, 2007
          This is probably inappropriate for this group. However, the law is
          not as Jim Greaves states. Rather, he attempts to state the "fair use
          doctrine" part of copyright law, and is only partially correct. Use
          of photos by teachers or anyone else can be a violation of copyright
          law, and profit or non-profit motivation is not conclusive. For this
          reason, I routinely get email requests from teachers around the world
          requesting to use my photos in a class project, and I almost always
          say "yes." But it is violation of a photographer's copyright to use
          the photo without permission.

          The "fair use doctrine" is summarized nicely on line at
          http://en.wikipedia.org/wiki/Fair_use_doctrine
          As to photos, it is my understanding from additional reading and on-
          line discussions that low resolution use of a photo in a scholarly,
          non-profit on-line project is permissible only if the maximum
          dimensions of the photo use do not exceed 200 pixels [e.g., 200
          pixels wide, or 200 pixels high, max], and if accompanied by credit.

          I think this thread should be closed at this point.

          Don Roberson
          Pacific Grove CA
        Your message has been successfully submitted and would be delivered to recipients shortly.