Publishing pictures posted on this site

[PANO]

I am currently writing a blog about the Camino for a (non-commercial-) site targeted to a senior audience. While I have a large collection of my own, I would like to use some of those beautiful pictures posted on this site. As the original copyright-holders are anonymous, I would mention www.caminodesantiago.me as the source.
My question to this community:
Would you deem it necessary/appropriate that I PM each of the posters individually and ask for permission?

 

[wayfarer]

You are welcome to use any of mine that you wish PANO, but if you make millions I will want the standard 10%.

 

[PANO]

You are welcome to use any of mine that you wish PANO, but if you make millions I will want the standard 10%.

I'd need your account number

 

[David]

I have wondered the same. The thing is, once a photo is uploaded to the forum - to any forum - it propagates throughout the internet and can never be removed. Therefore there can be no royalty or copyright protection. It has been 'gifted' to the internet.
My understanding is that those who intend to copyright protect add a watermark before uploading and therefore all 'open' photos are not protected, are in the public domain, and can be used by anyone for any purpose. Though I may be wrong of course (I often am).
As a matter of politeness I would inform the uploader of the photo - if they could be found - of what I intended to use it for.

I almost cannot bear to look at the photos in the media gallery - many of them are such stunning photos!!!!!
they make me long, absolutely long, for the Camino!!

 

[Susannafromsweden]

I have asked Ivar to write something in reply to your question, who owns the photos uploaded to the image gallery.

I googled and found an article about this topic which I think was interesting:
http://www.theguardian.com/media/greenslade/2013/nov/26/news-photography-medialaw

 

[wayfarer]

Susanna, after reading your article I think I'm in trouble, I thought that if photos were in the public domain they were free to use.
I am now waiting for the heavy knock on the door.

 

[PANO]

I have asked Ivar to write something in reply to your question, who owns the photos uploaded to the image gallery.
I googled and found an article about this topic which I think was interesting:
http://www.theguardian.com/media/greenslade/2013/nov/26/news-photography-medialaw

Thanks Susanna. According to the interesting link you posted, Ivar does not own the uploaded photos. I think that many of us look forward to his response.

 

[miguel_gp]

I also think a PM to the original poster of the photo would be appropriate/polite. I would think though that most would be happy for their images to be used further to enhance people's knowledge and understanding of the Camino.

I look forward to reading the blog when finished (although I'm not quite a senior ).

Good luck with your writing.
Mig

 

[PANO]

I also think a PM to the original poster of the photo would be appropriate/polite. I would think though that most would be happy for their images to be used further to enhance people's knowledge and understanding of the Camino.
I look forward to reading the blog when finished (although I'm not quite a senior ).
Good luck with your writing. Mig

Thanks, Mig, I share your opinion and when the blog (albeit in German) is published, I shall certainly announce it on this site.

 

[ivar]

I am currently writing a blog about the Camino for a (non-commercial-) site targeted to a senior audience. While I have a large collection of my own, I would like to use some of those beautiful pictures posted on this site. As the original copyright-holders are anonymous, I would mention www.caminodesantiago.me as the source.
My question to this community:
Would you deem it necessary/appropriate that I PM each of the posters individually and ask for permission?

Dear all,

I consider the photos uploaded to this forum the property of the person that uploaded them. It can be deleted by the user that uploaded it/them at any time. So if you would like to use any of them, you need to get permission from the person that uploaded the photo(s). It is also therefor important that you upload only photos that are yours.

On a related topic: I do have a Facebook page for the forum where I post links to threads in the forum that might be of interest to others. Sometimes I also post links to images uploaded to our new Photo Album... here is one example. Now that I am thinking about it, I wonder if this is ok? It is a link to the photo that was uploaded by the owner.. so i think so, but please help me out here if I am stepping over the line.

Also, remember that you can upload photos in the photo albums that are viewable to only a few/a group of members. If you upload photos in a forum posts, it is viewable by anyone on the internet.

I hope this makes sense... please let me know what you think.

Greetings from a rainy Santiago,
Ivar

 

[William Marques]

My own suggestion would be along the lines of that used by the CPR for their gallery:

You may download images from this collection on Creative Common Terms

• Copyright in these images rests with the original photographers, who have granted limited rights - including the right to make these pictures available on Creative Commons terms - to the [Confraternity of Pilgrims to Rome].
• However, any user may download any image, or any number of images, without charge, and without prior permission.
• You may edit, adapt, or change any such images.
• You may make them, whether in original form, or changed, available to others, provided that you do so on the same terms as you received them.
• In making these images available elsewhere, you must acknowledge their source, and include the photographer’s name.
• If you do use or do intend to use these images, whether in original form, or changed, for any commercial or profit-making purpose, please get in touch to give us details and to confirm that you are sending us your standard fee (which we shall use in pursuance of our charitable objectives).
• Click on the following link for fuller details of the Creative Commons license: Creative Commons Attribution-NonCommercial-ShareAlike 2.0 England & Wales License http://creativecommons.org/licenses/by-nc-sa/2.0/uk/

 

[ivar]

My own suggestion would be along the lines of that used by the CPR for their gallery:

You may download images from this collection on Creative Common Terms

• Copyright in these images rests with the original photographers, who have granted limited rights - including the right to make these pictures available on Creative Commons terms - to the [Confraternity of Pilgrims to Rome].
• However, any user may download any image, or any number of images, without charge, and without prior permission.
• You may edit, adapt, or change any such images.
• You may make them, whether in original form, or changed, available to others, provided that you do so on the same terms as you received them.
• In making these images available elsewhere, you must acknowledge their source, and include the photographer’s name.
• If you do use or do intend to use these images, whether in original form, or changed, for any commercial or profit-making purpose, please get in touch to give us details and to confirm that you are sending us your standard fee (which we shall use in pursuance of our charitable objectives).
• Click on the following link for fuller details of the Creative Commons license: Creative Commons Attribution-NonCommercial-ShareAlike 2.0 England & Wales License http://creativecommons.org/licenses/by-nc-sa/2.0/uk/

I like this... does anyone have any objections or comments on this? I will leave this open for comments a few days, then update the forum rules.

Thanks @William Marques !
Ivar

 

[Susannafromsweden]

I like this... does anyone have any objections or comments on this? I will leave this open for comments a few days, then update the forum rules.

Thanks @William Marques !
Ivar

I have objections to that.
To download them, that's ok, I think.
To change the photos, no.
To publish them without my permission, no.

It could be photos of me or people I met on the camino and I would not like to see these changed and published some where else.
What if someone takes a photo of someone and puts on a silly hat and puts that on Facebook or something?

 

[Olivares]

Yes, please let me in the desicion on how to utilize the image/picture. I am in some of the images and would like to have the chance to know. Most likely, I will have no issue, but still would like to know how is used. I once was contacted by two guidebooks (Fodor's and one other publisher) regarding pics I had posted on a public forum. They wanted to use the images in their most recent editions (both pics of a trip to Ireland). I got a free copy of the guidebook once published .

 

[ivar]

There is an option in the photo album to apply a Watermark to all photos up uploaded (the forum logo for example)... would this be an option?

...please post more opinions on this topic..

Thanks!
Ivar

 

[wayfarer]

There is an option in the photo album to apply a Watermark to all photos up uploaded (the forum logo for example)... would this be an option?

...please post more opinions on this topic..

Thanks!
Ivar

That sounds like a good option Ivar, I see many other sites do this.

 

[PANO]

My own suggestion would be along the lines of that used by the CPR for their gallery:
You may download images from this collection on Creative Common Terms

• Copyright in these images rests with the original photographers, who have granted limited rights - including the right to make these pictures available on Creative Commons terms - to the [Confraternity of Pilgrims to Rome].
• However, any user may download any image, or any number of images, without charge, and without prior permission.
• You may edit, adapt, or change any such images.
• You may make them, whether in original form, or changed, available to others, provided that you do so on the same terms as you received them.
• In making these images available elsewhere, you must acknowledge their source, and include the photographer’s name.
• If you do use or do intend to use these images, whether in original form, or changed, for any commercial or profit-making purpose, please get in touch to give us details and to confirm that you are sending us your standard fee (which we shall use in pursuance of our charitable objectives).
• Click on the following link for fuller details of the Creative Commons license: Creative Commons Attribution-NonCommercial-ShareAlike 2.0 England & Wales License http://creativecommons.org/licenses/by-nc-sa/2.0/uk/

Dear friends:
I did not intend to create controversy here and hope that you all agree that the issue is important and therefore needs clarification. We all enjoy this fantastic picture gallery and it would be a shame to give it up for legalistic reasons.
Anyone uploading pictures should therefore accept terms such as suggested by William Marques.
How about adding this point:

• If image(s) depict persons, the original photographer and Copyright owner has obtained such persons permission to publish and assumes full legal responsibility.

Perhaps Ivar could implement a simple Macro that would send a standard inquiry to the photographer's email address, in case someone wishes to use his image for re-publishing.

 

[PANO]

There is an option in the photo album to apply a Watermark to all photos up uploaded (the forum logo for example)... would this be an option?
...please post more opinions on this topic..
Thanks!
Ivar

Watermarks usually impair the pictures, a shame! How about this: To apply a watermark is optional and indicates, that the photographer in principle objects to re-publishing. All images without watermark would be subject to free use under terms as those suggested by William Marques.

 

[Susannafromsweden]

Watermarks usually impair the pictures, a shame! How about this: To apply a watermark is optional and indicates, that the photographer in principle objects to re-publishing. All images without watermark would be subject to free use under terms as those suggested by William Marques.

Well how about this:
The photos posted on this site belongs to the photographer.
You are allowed to download them to your computer, to watch them there.
But you are not allowed to publish or alter these photos without permission from the photographer.

 

[PANO]

Well how about this:
The photos posted on this site belong to the photographer.
You are allowed to download them to your computer, to watch them there.
But you are not allowed to publish or alter these photos without permission of the photographer.

This is what William Marques suggested and his terms are legally more precise. The alteration of pictures usually overwrite the original copyright. Frankly I am more concerned that images depicting unsuspecting "3rd party persons" are uploaded without their consent, as it often happens.

 

[koilife]

I vote for a policy that

1) All photos posted are free for reuse in non-altered form, provided credit is given to the user's screen name (since many of us don't have publicly stated names) with mention of caminodesantiago.me as the source from which the picture was drawn.

2) No image may be used for commercial purposes without consent of the photographer.

 

[Susannafromsweden]

This is what William Marques suggested and his terms are legally more precise. The alteration of pictures usually overwrite the original copyright. Frankly I am more concerned that images depicting unsuspecting "3rd party persons" are uploaded without their consent, as it often happens.

Did he?
I've been reading this several times wondering if I missed the "not". I would much happier if there was a clear Not there.

• "You may edit, adapt, or change any such images."

 

[Tia Valeria]

I like Ivar's post that as we can delete the photos ownership still rests with the poster. If anyone wanted to use my photos I would hope that they asked. If it is in my post then the 'ownership' is obvious.
I would not want my photos changing to suit the new user.
While William's post is maybe clearer legally I think that Susanna's maybe is clearer to us ordinary folk.
I thought that this was discussed some time back and Ivar that you had a Creative Commons licence sign on each page that showed that we could view, download but not change or re-use commercially. I know there are several classifications of the CC licence. would re-instating that be a good idea?

 

[PANO]

Did he?
I've been reading this several times wondering if I missed the "not". I would much happier if there was a clear Not there.

• "You may edit, adapt, or change any such images."

I think that the purpose is served and that we all became aware that publication of images on the web has its implications. Layman's legal guesswork is not productive here. I am sure that Ivar will take professional advise in order to protect this valuable forum and picture gallery.

 

[William Marques]

This is the page which contains the legal wording.
http://creativecommons.org/licenses/by-nc-sa/2.0/uk/legalcode

To some extent this is all irrelevant as nobody is likely to spare the time and money to take anyone to court unless they are using the picture in a highly commercial and profitable way which is unlikely, especially as the photo owners and users are from so many different countries and the website is probably from another. It is just a matter of politeness and respect to acknowledge the use of other people's photos.

If you do not want anybody to copy your photos do not post them.

 

[bystander]

Angels on pinheads.

 

[Theatregal]

I've posted many photos to this site, specifically to share with other forum members. I acknowledge that once I do so, as with anything else online, I ultimately give up control of what happens with them. But to quote William Marques, "It is just a matter of politeness and respect to acknowledge the use of other people's photos."

It's also in the spirit of respect for anything that a member shares on the forum. In answer to PANO's question, yes, I do deem it necessary and appropriate that each of the posters are sent a personal message to ask for permission.

 

[ManyMiles2Go]

I don't know about all the legalities of copyrighted material, but you are welcome to use any of my photos I post here or on my blog.

Jim

 

[KinkyOne]

Like Susanna and Theatregal I too posted many photos on this forum and agree with them completely. My intention was to share with forum members so that's why they were posted here. Otherwise I would post them somewhere else or even try to sell them (Shutterstock and similar). If anyone else wants to reuse, re-edit or whatever (especially for commercial purposes) I would expect at least ask for permission and mention of photographers name.

 

[kogga]

I am currently writing a blog about the Camino for a (non-commercial-) site targeted to a senior audience. While I have a large collection of my own, I would like to use some of those beautiful pictures posted on this site. As the original copyright-holders are anonymous, I would mention www.caminodesantiago.me as the source.
My question to this community:
Would you deem it necessary/appropriate that I PM each of the posters individually and ask for permission?

Hallo David,greetings from sunny South Africa - my wife and I are retired and walked in Sept 2012 from SJPDP to Burgos - what an experience - I thoroughly enjoyed your pictures very very much,brought back precious memories - thank you very much - it was done pretty professional - Johann Pretorius

 

[Deleted member 3000]

"Internet users often automatically grant a website permission to use a photograph by agreeing to the website’s terms of use. The terms of use for social networking and photo-sharing websites such as Facebook or Flickr for example, usually grant the website a non-exclusive license to use uploaded photographs but not further permission for other website users to distribute them."

Your rights are affected by the terms and conditions of this website as well as your hopes and expectations. Fair use generally does not require that someone get your permission to use your photos, but they may be violating your copyright rights. If you don't want your photos used elsewhere, consider whether you should post them at all.

 

[Tia Valeria]

True Falcon, as far as it goes. However IMHO that would need to be for future photos, not retrospective. If folk are unhappy with photos being used then they may well stop posting them and we would all be the poorer for that. I know that they can still download them etc, but as has been said in many posts above asking is appreciated and will probably get a 'Yes', on this forum at least.
If photos are posted as thumbnails only members can view them properly . If posted within the thread do they show up to non-members? or stay as thumbnails there too? That means we are only talking about forum members downloading photos. Am I right? How they use them is still a question of good manners I think, and asking is good manners.
PANO if there is something of ours feel free to ask in a PM - many would be Yes but for some we might have reservations

 

[peregrina2000]

I think it's important to distinguish what the law requires/permits and what the forum policy requires/permits. Consequences of violating the law will not have anything to do with the forum policy. If it violates the law, the fact that forum policy permits it is irrelevant. Forum policy can be a norm that tries to mold behavior to things we all agree are decent and fair, but the only consequences for violating forum policy, it seems to me, would have to do with privileges on the forum.

I don't think there's any point in trying to figure out the legalities of all this, we can just wait till Wayfarer gets sued and then we'll know what the law requires. The law exists above and independent of the forum, and it applies to the forum to the extent the law has jurisdiction to do so. But that's not Ivar's issue, it seems to me.

Forum policy, whatever it is, can't stop people from do things to and with pictures even if it violates the law. So, having read through most of these comments, I would vote for a policy that says -- contact the person who took the photo, don't change it without express permission of the photographer, and act in this context like we expect forum members to act in all contexts -- with consideration for others and with good intentions. Buen camino, Laurie

 

[wayfarer]

In other forums there are certain sections which can only be viewed by registered and/or donating members, maybe Ivar could have a look at this possibility then any photos uploaded could only be viewed/downloaded by members and they hopefully would seek permission for same, as Tia said its a question of good manners at the end of the day.

 

[ivar]

Dear all,

Thank you for good feedback. I have been home with some fever over the weekend and off-line... still not 100%, but will look at this tomorrow.

In other forums there are certain sections which can only be viewed by registered and/or donating members, maybe Ivar could have a look at this possibility then any photos uploaded could only be viewed/downloaded by members and they hopefully would seek permission for same, as Tia said its a question of good manners at the end of the day.

This can be done today if you create your own album. This album can have permission that you can decide:


...more tomorrow..
Ivar

 

[Tia Valeria]

Thanks Ivar. Will it be easy to put all the 'old' photos that you have stored into a 'members' section to avoid further discussion over those, or if we create the album will all our old photos as well as new go there anyway?
Get well soon.

 

[PANO]

Dear all,

Thank you for good feedback. I have been home with some fever over the weekend and off-line... still not 100%, but will look at this tomorrow.

This can be done today if you create your own album. This album can have permission that you can decide:
View attachment 10215

...more tomorrow..
Ivar

Looking good, thanks Ivar

 

[StuartM]

I'm a member of a scuba diving forum and the subject of use and misuse of pictures came up recently. It was quite informative, I'll see if I can dig a relevant post from a pro photographer out.

Basically, the bottom line is if you get caught and the owner is minded and he can prove a financial loss then you can be hosed in court. Being in the public domain is not the same as public for use. Altering a pic doesnt remove any liability as I understood it either, you're still responsible for your use of the base material even though you created something new.

What I didnt realise is that commercial photographers run automatic searches that tracks down picture misuse. Stuff like removing watermarks or cropping copyright notes doesnt hide it and such action can increase the level of damages. I believe there was some mention that under uk law it may even be considered criminal but need to check.

 

[wayfarer]

I have been home with some fever over the weekend and off-line... still not 100%, but will look at this tomorrow.
View attachment 10215

...more tomorrow..
Ivar

Take care and get well soon.

 

[KinkyOne]

Dear all,

Thank you for good feedback. I have been home with some fever over the weekend and off-line... still not 100%, but will look at this tomorrow.

This can be done today if you create your own album. This album can have permission that you can decide:
View attachment 10215

...more tomorrow..
Ivar

Thanks, Ivar!

Well, I mean that for your past and future work regarding this forum. But I won't take my time to make albums and such. Usually people do their blogs and post photos there and I just might do the same and avoid all those copyright fuss. But I do know that I'll miss watching and posting pics in "specialized" threads. That said I think it's a depletion (don't know if that's the accurate expression...) of the forum. Why do we have to complicate everything??? Really fed up with that...

Hope you're going better with your cold/fever...!!!

K1

 

[PANO]

I'm a member of a scuba diving forum and the subject of use and misuse of pictures came up recently. It was quite informative, I'll see if I can dig a relevant post from a pro photographer out.
Basically, the bottom line is if you get caught and the owner is minded and he can prove a financial loss then you can be hosed in court. Being in the public domain is not the same as public for use. Altering a pic doesnt remove any liability as I understood it either, you're still responsible for your use of the base material even though you created something new.
What I didnt realise is that commercial photographers run automatic searches that tracks down picture misuse. Stuff like removing watermarks or cropping copyright notes doesnt hide it and such action can increase the level of damages. I believe there was some mention that under uk law it may even be considered criminal but need to check.

As the one who started this thread, may I suggest to now leave the matter in the good hands of Ivar and not to confuse it with pseudo-legal advise. What may or may not be the law in one country varies in another.
There are two separate issues at stake: One is the liability of www.caminodesantiago.me and Ivar's idea of a disclaimer is all that's needed. The other concerns the rights of the copyright-owners, which is their own business once they publish their pix.
Legal implications set aside, it is simple curtesy amongst the peregrino community to ask permission of using any pix posted on this valuable site. Let's move on, on our camino.

 

[StuartM]

As the one who started this thread, may I suggest to now leave the matter in the good hands of Ivar and not to confuse it with pseudo-legal advise. What may or may not be the law in one country varies in another.
There are two separate issues at stake: One is the liability of www.caminodesantiago.me and Ivar's idea of a disclaimer is all that's needed. The other concerns the rights of the copyright-owners, which is their own business once they publish their pix.
Legal implications set aside, it is simple curtesy amongst the peregrino community to ask permission of using any pix posted on this valuable site. Let's move on, on our camino.

Pano, I didn't give the full background to my post. The thread came up on the other forum because someone had used a forum member's picture on his own website. Unfortunately, the owner of the photograph is a professional photographer. No figures were disclosed but the implication was the person who used the picture ended up paying quite a hefty sum of money for what was a simple mistake. That's a pretty good lesson and I think many of us have reused other people's publicly publishe work without really thinking about it. The context would have been apparent in the post I was going to link to.

 

[jirit]

Susanna, after reading your article I think I'm in trouble, I thought that if photos were in the public domain they were free to use.
I am now waiting for the heavy knock on the door.

I think everybody needs a better understanding of what copyright means and public domain means.

Photographs taken by others by default are copyrighted and the ownership belongs with the photographer - no ifs or buts about it.

Just because the photographer has released or published a photograph on the internet does not make it now public domain - again no ifs or buts about it

You make up whatever policy you like, but as Laurie has pointed out, you can not violate the law.

Google copyright, public domain.

 

[jirit]

I have wondered the same. The thing is, once a photo is uploaded to the forum - to any forum - it propagates throughout the internet and can never be removed. Therefore there can be no royalty or copyright protection. It has been 'gifted' to the internet.
My understanding is that those who intend to copyright protect add a watermark before uploading and therefore all 'open' photos are not protected, are in the public domain, and can be used by anyone for any purpose. Though I may be wrong of course (I often am).
As a matter of politeness I would inform the uploader of the photo - if they could be found - of what I intended to use it for.

I almost cannot bear to look at the photos in the media gallery - many of them are such stunning photos!!!!!
they make me long, absolutely long, for the Camino!!

I have asked Ivar to write something in reply to your question, who owns the photos uploaded to the image gallery.

I googled and found an article about this topic which I think was interesting:
http://www.theguardian.com/media/greenslade/2013/nov/26/news-photography-medialaw

i am sorry to say but Ivar does not own the photos uploaded to this forum other than the ones he photographed himself.

 

[jirit]

My own suggestion would be along the lines of that used by the CPR for their gallery:

You may download images from this collection on Creative Common Terms

• Copyright in these images rests with the original photographers, who have granted limited rights - including the right to make these pictures available on Creative Commons terms - to the [Confraternity of Pilgrims to Rome].
• However, any user may download any image, or any number of images, without charge, and without prior permission.
• You may edit, adapt, or change any such images.
• You may make them, whether in original form, or changed, available to others, provided that you do so on the same terms as you received them.
• In making these images available elsewhere, you must acknowledge their source, and include the photographer’s name.
• If you do use or do intend to use these images, whether in original form, or changed, for any commercial or profit-making purpose, please get in touch to give us details and to confirm that you are sending us your standard fee (which we shall use in pursuance of our charitable objectives).
• Click on the following link for fuller details of the Creative Commons license: Creative Commons Attribution-NonCommercial-ShareAlike 2.0 England & Wales License http://creativecommons.org/licenses/by-nc-sa/2.0/uk/

No you can not follow this approach unless you have before hand explicitly indicated that photos that are uploaded to this site fall under the creative common terms. To suggest otherwise is nonsense.

 

[jirit]

I have objections to that.
To download them, that's ok, I think.
To change the photos, no.
To publish them without my permission, no.

It could be photos of me or people I met on the camino and I would not like to see these changed and published some where else.
What if someone takes a photo of someone and puts on a silly hat and puts that on Facebook or something?

I agree with Susanna - please see my comments elsewhere

 

[KinkyOne]

Agree with you completely @jirit . I'm a freelance film & TV director and dealing with that all the time. Don't know why exactly that happens so frequently, but came to think that people kind of loose their sense of "property" when on-line I guess. Like if you are "there", everything is "ours"

Thanks for replying!

 

[jirit]

Dear all,

I consider the photos uploaded to this forum the property of the person that uploaded them. It can be deleted by the user that uploaded it/them at any time. So if you would like to use any of them, you need to get permission from the person that uploaded the photo(s). It is also therefor important that you upload only photos that are yours.

On a related topic: I do have a Facebook page for the forum where I post links to threads in the forum that might be of interest to others. Sometimes I also post links to images uploaded to our new Photo Album... here is one example. Now that I am thinking about it, I wonder if this is ok? It is a link to the photo that was uploaded by the owner.. so i think so, but please help me out here if I am stepping over the line.

Also, remember that you can upload photos in the photo albums that are viewable to only a few/a group of members. If you upload photos in a forum posts, it is viewable by anyone on the internet.

I hope this makes sense... please let me know what you think.

Greetings from a rainy Santiago,
Ivar

Generally with respect to Facebook I would be okay to link to images whereby the photographer explicitly gave prior consent to public distribution of the images. Not so, if the photographer has given explicit instructions that the distribution is limited or restricted.

However Facebook is a scum bag of an organization, so even when they explicitly indicate the copyright of the images belongs with the photographer they seem to find ways to violate this policy, and thus use the images along with the text ( comments from forum members) for their own commercial purposes.

If I explicitly post my comments or photos directly on Facebook I should have no complaint since I entered into a contract with Facebook in exchange for free services. This is not the case when my comments or images posted on another site are redistributed to Facebook.

 

[jrm]

This is a hot issue all over the web. But, a photo's copyright belongs to the photographer who takes it. Just because the photographer choses to upload to a website does not transfer the copyright to anyone else. Publishing a photo on the web does also not place a photo in the public domain, nor does it automatically place it under Creative Commons distribution. Just because something is on the web doesn't make it free to use.

Lots of good info here:
http://www.photoattorney.com
This document from the forementioned site may be relevant to the discussion as well: http://www.photoattorney.com/wp-content/uploads/2013/02/Excuses-excuses.pdf


I think it gets even more sticky when people's blogs are making ad revenue off banners and clock through web ads when those pages host copyrighted material. I'm no lawyer, but I've seen this fight play out in lots of places. I'd hate to see this forum shut down or exposed to liability. I hope Ivar might seek some outside council on this topic.

 

[wayfarer]

I think we are overcomplicating this issue, IMO if you post or share you photos on a public forum then be prepared to have them shared, when I post photos I do it in the full knowledge that someone somewhere may use them. If you are a professional photographer and you want to protect your photos then either watermark them or don't post them on a public forum. I know what the law says but we must be realistic as well.

 

[Tia Valeria]

It is actually quite simple on a website to add a small piece of code which on 'right click' over an image states 'Please contact the copyright holder to copy this picture'. Maybe Ivar can add a similar piece of coding on the forum. I know there are ways round the block, but it does make the situation clear regardless of who owns the coyright. End of discussion!?

 

[ivar]

Thank you all for good feedback. I think I will lock the thread now... I have gotten a good idea of what you think about this topic and will try to implement a rule that reflect that.

If you have more feedback or ideas on this topic, please send me a PM (Conversation).

Thank you all!
Ivar