Looking for input: Your thoughts on photo usage, please.

[Disney Dreams]

So, I discovered something late last night that bothered me. Being sleepy, I was well aware that I could be bothered for no reason, so I did nothing about it. This morning, I was still bothered. So, I wanted to do something about it, but was not sure what. So, off to work I went. Now, after a day has passed, here I am, asking for opinions and input.

The topic? Other people using pictures you took and shared. Yep, a familiar topic that has been discussed here. That's why I am looking for input.

Pretend for a moment that you went to Disneyland and took several pictures. You then shared them here on the Disneyland section of the DISBoards. You then discover that someone took some of your pictures, re-saved them to their own PhotoBucket account, and included them in their trip report. Although they DID thank you for the photos in their post, they never asked if it was okay to take them, use them, and save them to their own account (whereby, one can presume, using them elsewhere as well). They just did it. The only way you learned about it was by accident.

Is this:

A) Totally okay since they mentioned the photos were yours.
B) Not okay because they did not ask you permission.
C) Totally okay because they are posted online so they can do whatever they want with them.
D) ___________________________.

I do not place a copyright on any of my photos because they are automatically copyrighted by law since they are my creation.

I also don't do so because people can just crop it out if they really want to do so.

I have shared easily 100 photos on the DISBoards over the 4.5 years that I have been an active DIS member. Although I don't think many of my photos are "amazing," I have had people e-mail me on numerous occasions asking if they can use a picture of mine in a family scrapbook / memory album of Disneyland and have always said, "Yes." More flattered than anything else. But they have asked.

How would you feel about someone taking your photo straight from DIS and using it elsewhere on DIS (or even not on DIS) without even asking (albeit, with a "credit" given)?

Would you care? What would you do?

Thanks for your thoughts,
Dreams

 

[Sherry E]

Well, this subject is too close to home for me given my recent/current experiences. I'm still fuming, to put it mildly. (It didn't help matters any to hear that people were discussing me and my photo theft misfortune on another site recently, either.) And my situation stretched beyond Photobucket and onto other public sites. I actually think the guy who stole my pictures might be using some of the photos to make money, which kills me. I am trying to get my photos taken down from the places I know of (who knows how many I don't know of?), but as you know, you have to go through the copyright infringement procedure and it's a big pain.

In any case, I can't answer your questions impartially! But I do have to move this thread over to the Community section.

 

[Funball]

eh i am ok with it.. i don't care if they use my photos, i do take them for ALL to have and see on this board for me sharing is caring!

 

[Disney Dreams]

Aww, Sherry, I was truly hoping for your thoughts given your situation. If you decide you'd like to advise, please feel free to post. Never know the line between front page and buried under Community thread so I figured you'd move it if needed. LOL

- Dreams

 

[amamax2]

My Dh and I were just discussing this topic the other day because of Sherry's situation.

IMO, copying the pictures and POSTING them somewhere else (DIS, Facebook, etc) without permission is completely wrong, even if they give credit. Posting a link to the pictures would be a better way to go if they want to share the pictures further than the original site.

What I wonder, along these same, though, if I may ask, is what do people think about capturing a photo and using it for a screen saver on a personal computer...in all honesty, I have done this a couple of times and not asked permission. And I wonder if I should? Is it the same thing? Or different because I am not "sharing" it with others?

 

[skiingfast]

I think in the case of the OP this is fine. However I took the last option.

I feel this is wrong if the photo is used for ones career and or with a profit motive behind it. If this is the case it should be clearly stated when asking permission.

Such as in the case of disney soliciting photos and movies and using it in their memories commercials.

 

[pixiewings71]

My Dh and I were just discussing this topic the other day because of Sherry's situation.

IMO, copying the pictures and POSTING them somewhere else (DIS, Facebook, etc) without permission is completely wrong, even if they give credit. Posting a link to the pictures would be a better way to go if they want to share the pictures further than the original site.

What I wonder, along these same, though, if I may ask, is what do people think about capturing a photo and using it for a screen saver on a personal computer...in all honesty, I have done this a couple of times and not asked permission. And I wonder if I should? Is it the same thing? Or different because I am not "sharing" it with others?

I say this is wrong also. I always ask if I can take someone's photo and use it for a screen saver or anything else. I would never just take a photo unless it clearly said "use this for yourself if you want to" lol


Dreams, I voted it's wrong and I feel the same way as Sherry. It's absolutely 100% wrong and Sherry if you find out he's made $$ you should sue him!

 

[Disney Dreams]

To everyone who has replied so far, thank you for your input.

FWIW, this is NOT about Sherry's situation, but one of my own that has surfaced.

Again, thanks all for your thoughts. I would love to hear more from anyone else who wants to chime in. These comments are helping me.

- Dreams

 

[barefootmomma]

IMO, without both express permission of the person who took them and credit given, it is not o.k. Personally, in most cases I think I'd be more than happy to share, but not without granting permission and receiving credit for the images. Period. Further, no profit should be made by anyone from any images that belong to someone else.

 

[Judy from Boise]

I think posting on a public forum is explicit permission to use unless the other party uses them for financial gain or in an illegal way (ie kiddy porn). The exception would be a copyright symbol on the photo or verbage in the thread ( or website rules) asking people to refrain.

 

[barefootmomma]

I don't want to quote the entire article because it is a little lengthy, but some information that might be useful in cases such as these can be found here: http://www.llrx.com/features/bloggersbeware.htm. The entire article is very informative, and includes sources.

Specifically,

Myth #2: It's okay to use anything that's online, because if it's online, it's in the public domain and up for grabs

No. Posting a work online makes a work available to the public, but that act does not magically remove the work from the protection of copyright and transfer it into the public domain.

"Public domain" is a concept that a lot o f people throw around without truly understanding it. "Public domain" does not mean the same thing as "on the Web" or even "publicly available." In fact, the fact that a work is online or publicly available is no indication whatsoever of whether it is in the public domain. The public domain is the vast collection of creative works that are not subject to anyone's copyright, so anyone, anywhere may freely use them. The only way a work can enter the public domain is for copyright protection to expire or to never attach, according to the law that was in effect when the copyright came into being. For a chronological explanation of the differing legal requirements, which changed frequently and drastically throughout the last century, see Lolly Gasaway's public domain chart. An alternative explanation for those who prefer more visuals is the comic book Bound By Law, produced by Duke University Law School Center for the Study of the Public Domain, and available online in HTML, PDF ( 78 pages) and Flash animated form.

Here is a summary of what is and is not in the public domain:

A work is in the public domain if it:

By the federal government, at any time.
Between 1964-1977 without a copyright notice.
Between 1923-1963 with a copyright notice, if the copyright was not renewed when the initial term expired.
Between 1923-1963 without a copyright notice.
Before 1923.
A U.S. work is still subj ect to copyright protection if it was published:

From 1978 - on.
Between 1964-1977 with a copyright notice.
Between 1923-1963 with a copyright notice, if the copyright was renewed (To verify renewals, search the Library of Congress' copyright registrations and not the LOC Website, because the online records start in 1978, i.e., after this period. Rutgers University School of Communication, Information and Library Studies has a search tool for verifying renewals of books that were published between 1923-1963. Note that this tool does not search for anything that is not a book, such as periodicals, movies or music.)
Under 17 U.S.C. § 304, the copyright protection of the last two categories of works lasts for 70 years after the author's death (in the case of joint authorship, from the last surviving author's death). The term is longer for works for hire, anonymous works, and pseudonymous works (not works written under a pseudonym, but those whose author is not identified in Copyright Office registrations). The copyright term for those works is the earlier to occur of 95 years after publication or 120 years after creation.

 

[ChickenCarlos]

i wish i could choose more than one answer on your poll. IMO if you use a picture from a board and post it in a different section of the same board, you should say where you got the photo, and who took it, BUT i do not believe you have to ask permission, because it is on the INTERNET, that means it is free to all that have access to it, so posting it on facebook, photobucket, etc there should be no mention of names or places, its free to all, if you have a problem with people using your photos then dont share them, im not trying to be mean, but even if some asked your permission, what is to stop them for still doing it, i just think it would be polite of them to give you credit, but ONLY if it is on the same board. if it is somewhere else then no credit or permission is neccassry, again this is just my opinion, that is pretty much the whole point of the internet anyways, is to share knowledge info and media.

 

[toocherie]

Ok, but you have to include in the mix (from Wikipedia although there are many discussions of this doctrine on the Internet):

"Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, 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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

(i) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(ii) the nature of the copyrighted work;
(iii) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(iv) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

So, I would agree with the PPs that people shouldn't be making money off of your photos but I think if someone is using your pics to illustrate a point about Disney or a trip they made it might fall into the "fair use" doctrine exception. Especially if you haven't specifically limited usage. And even if you have I think (like Judy) that you know you are running that risk when you post it.

and no, this is not legal advice.

 

[FlameGirl]

Did you confront the person that used your images and ask them to take them down? My answer depends on whether you did and whether or not they complied. They may not have known it is a faux pas. If they refused, then I may take issue with it.

Using (reposting) an image and giving credit to the photographer seems harmless to me. "This wasn't taken by me but shows what I'm referring to...." wouldn't make me upset.

If that makes sense.

If you use Flickr your photos are automatically copyrighted. I like that.

 

[Belle Ella]

I don't think it's OK in all honesty. Not without permission and full credit. And for me, if someone asked, 9 times out of 10 I would say yes. Although rather than saving it to someone's own photobucket if they were going to repost it I would rather them directly link back to my original photo which I would express if that were the case. I have had people ask to save a photo to print out or add in scrapbooking and I have always said yes to that request. It's part of the reason I like to post all the photos that I do.

But I would definitely be fuming if I came across it without being made aware beforehand.

 

[FlameGirl]

Here is one example:

In the food porn thread, people often ask if anyone has a photo of this food or that food. It is common for other users to dig up images that don't belong to them and post in reference to the request.

Are we saying this is a no-no?

 

[Belle Ella]

Here is one example:

In the food porn thread, people often ask if anyone has a photo of this food or that food. It is common for other users to dig up images that don't belong to them and post in reference to the request.

Are we saying this is a no-no?

I think that's slightly different than the question being asked. If I remember correctly without quoting the OP she mentioned someone saving the photo to their computer, uploading it to their own account and then reposting. Normally when someone does that they'll still use the original location -- but I disagree with that as well especially if it ends up using someone's bandwidth. Hotlinking is a big no-no for me as well.

But personally, I wouldn't even do that anymore (although I'm sure I have in the past). It's not so hard to just link to the photo rather than posting it.

 

[barefootmomma]

I think what gets me about this type of thing is that it's so simple to ask permission, it's a common courtesy. I think most of us agree that as a community we want to share with others, we just don't want to be stepped on in the process.

 

[GoofyontheHiSeas]

I take most of my pictures to share with others but this has happened to me on many occasions. One thing I have to ask is do you place a copyright in your EXIF? Every picture has internal data that is not seen by the casual view but is attached forever to that photo. I add a copyright statement in there just in case anyone that tries to sell it commercially. Any commercial site would not print or buy something with a copyright that does not match your name. My second thought is to not use Photobucket. Many, many cases of stealing has come about from that site. I primarily use smugmug and some on flickr and have the ability to see exactly where my picture are and who is using them. I have many shots that have been posted on blogs and other sites some with permission and others without. When I see them posted on other discussion boards I usually sign up and post some comment which solves the problem. Others I don't care about. People can and will borrow/steal photos on the internet but you can only do something about it if they do something illegal with them or try to sell them. That process is a long and arduous process. I hope that you, me and others here will not stop posting pictures here but that is the only safe way to prevent this from happening.

 

[deejdigsdis]

I take most of my pictures to share with others but this has happened to me on many occasions. One thing I have to ask is do you place a copyright in your EXIF? Every picture has internal data that is not seen by the casual view but is attached forever to that photo. I add a copyright statement in there just in case anyone that tries to sell it commercially. Any commercial site would not print or buy something with a copyright that does not match your name. My second thought is to not use Photobucket. Many, many cases of stealing has come about from that site. I primarily use smugmug and some on flickr and have the ability to see exactly where my picture are and who is using them. I have many shots that have been posted on blogs and other sites some with permission and others without. When I see them posted on other discussion boards I usually sign up and post some comment which solves the problem. Others I don't care about. People can and will borrow/steal photos on the internet but you can only do something about it if they do something illegal with them or try to sell them. That process is a long and arduous process. I hope that you, me and others here will not stop posting pictures here but that is the only safe way to prevent this from happening.

Is there a way to see where else your pictures are floating around if you use Photobucket? The only reason I have a Photobucket account is so I can post pictures on the DIS. I use it for nothing else. Occasionally I'll check the "stats" and I can see how many views a picture has had on Photobucket, how many views on Disboards, and then it lists the number of views under the category of "Other Sites." Just wondering if there is a way to find out what these "Other Sites" are.