Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Peter Loveday
> In addition, be sure your contact information is included in the meta
> data of all your image files - name, address, phone number, web site,
> e-mail address, copyright notice, etc. and be sure it's not stripped
> from the file when you re-size for the web.  Then illicit users can't
> say they couldn't find you to get permission to use the image(s).  You
> can batch update the meta data using BreezeBrowser.

I'd be slightly hesitant to include all of that.  Looking over a gallery of 
images taken with various lenses and bodies, all containing my address would 
be a bit much like a big flashing sign saying "Look at all the camera gear I 
own.  And here's where I keep it all."

But certainly sufficient info to identify it as yours is a good idea. 
Perhaps include the address of your solicitor for any copyright inquiries :)

- Peter


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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Stan Halpin

On Jul 2, 2008, at 10:47 AM, Paul Sorenson wrote:

> In addition, be sure your contact information is included in the meta
> data of all your image files - name, address, phone number, web site,
> e-mail address, copyright notice, etc. and be sure it's not stripped
> from the file when you re-size for the web.  Then illicit users can't
> say they couldn't find you to get permission to use the image(s).  You
> can batch update the meta data using BreezeBrowser.

Or Lightroom.
stan

>
> -p
>
> Mark Roberts wrote:
>
>>
>> Dave, you need to make sure there's a copyright notice on all your  
>> web
>> pages and notify FaceBook (or whatever site is involved), referencing
>> your web site.
>>
>
>
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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread William Robb

- Original Message - 
From: "John Francis"
Subject: Re: Slightly OT: Ethical use of photos, horse show venues



>
> The photographer always owns rights in the image from the moment the
> shutter release is pressed.
>

This is not necessarily the case in Canada. If thphotography is done on a work 
for hire basis, 
and there is no contract specifying otherwise, then the person paying for the 
work owns the 
copyright, not the photographer.

William Robb



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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread John Graves
Cotty,

Are you har-assing people again???

John Graves
WA1JG



P. J. Alling wrote:
> Cotty wrote:
>   
> If she can afford a horse, she can probably afford a lawyer.
> 
>   
 Lawyers are cheaper than that. About the price of a horse's arse, I
 think.

   
 
>>> I'v seen some pretty crappy arses in my day.
>>> 
>>>   
>> Oh dear, scraping the bottom of the barrel again.
>>   
>> 
> Scraping?  Burro-ing under more likely...
>   
>>
>>
>> --
>>
>>
>> Cheers,
>>   Cotty
>>
>>
>> ___/\__
>> ||   (O)  | People, Places, Pastiche
>> ||=|http://www.cottysnaps.com
>> _
>>
>>
>>
>>   
>> 
>
>
>   
> 
>
>
> No virus found in this incoming message.
> Checked by AVG. 
> Version: 8.0.101 / Virus Database: 270.4.3/1529 - Release Date: 7/1/2008 7:23 
> PM
>   

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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread P. J. Alling
Cotty wrote:
 If she can afford a horse, she can probably afford a lawyer.
 
>>> Lawyers are cheaper than that. About the price of a horse's arse, I
>>> think.
>>>
>>>   
>> I'v seen some pretty crappy arses in my day.
>> 
>
> Oh dear, scraping the bottom of the barrel again.
>   
Scraping?  Burro-ing under more likely...
>
>
>
>
> --
>
>
> Cheers,
>   Cotty
>
>
> ___/\__
> ||   (O)  | People, Places, Pastiche
> ||=|http://www.cottysnaps.com
> _
>
>
>
>   


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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Cotty

>>> If she can afford a horse, she can probably afford a lawyer.
>>
>> Lawyers are cheaper than that. About the price of a horse's arse, I
>> think.
>>
>
>I'v seen some pretty crappy arses in my day.

Oh dear, scraping the bottom of the barrel again.





--


Cheers,
  Cotty


___/\__
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||=|http://www.cottysnaps.com
_



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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread David J Brooks
On Wed, Jul 2, 2008 at 1:48 PM, Bob W <[EMAIL PROTECTED]> wrote:
>> If she can afford a horse, she can probably afford a lawyer.
>
> Lawyers are cheaper than that. About the price of a horse's arse, I
> think.
>

I'v seen some pretty crappy arses in my day.

Dave


> Bob
>
>> -Original Message-
>> From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
>> Behalf Of Sandy Harris
>> Sent: 02 July 2008 15:46
>> To: Pentax-Discuss Mail List
>> Subject: Re: Slightly OT: Ethical use of photos, horse show venues
>>
>> Unless it is "work for hire", the photographer owns the copyright.
>>
>> However, before acting to enforce that, I'd have a look at
>> the contracts
>> involved and Canadian law.
>>
>> It seems clear you win on the copyright issue, but if it
>> comes to court
>> or even if you just make her mad, she might be able to hassle you on
>> questions of model release. You have photos of her or her kid. Have
>> you got a model release? Does the contract she signed to enter the
>> show cover you? What is the law on photos in a public place, and is
>> a show a public place, and so on?
>>
>> If she can afford a horse, she can probably afford a lawyer. She may
>> be able to be extremely annoying on such issues, even if her case
>> has no actual merit. I'd check that before contacting Facebook or
>> taking other action.
>
>
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RE: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Bob W
> If she can afford a horse, she can probably afford a lawyer. 

Lawyers are cheaper than that. About the price of a horse's arse, I
think.

Bob

> -Original Message-
> From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On 
> Behalf Of Sandy Harris
> Sent: 02 July 2008 15:46
> To: Pentax-Discuss Mail List
> Subject: Re: Slightly OT: Ethical use of photos, horse show venues
> 
> Unless it is "work for hire", the photographer owns the copyright.
> 
> However, before acting to enforce that, I'd have a look at 
> the contracts
> involved and Canadian law.
> 
> It seems clear you win on the copyright issue, but if it 
> comes to court
> or even if you just make her mad, she might be able to hassle you on
> questions of model release. You have photos of her or her kid. Have
> you got a model release? Does the contract she signed to enter the
> show cover you? What is the law on photos in a public place, and is
> a show a public place, and so on?
> 
> If she can afford a horse, she can probably afford a lawyer. She may
> be able to be extremely annoying on such issues, even if her case
> has no actual merit. I'd check that before contacting Facebook or
> taking other action.


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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread John Francis
On Wed, Jul 02, 2008 at 07:21:57AM -0400, David J Brooks wrote:
> There is a two page thread over on the equine BB i help moderate, that
> started off well intended, and has now, as anticipated started into
> the copy right issue, brought up by some upset Mom who thinks it is ok
> to lift proofs from websites and post on facebook etc.
> 
> She claims, and say's she has a copy right book by her side, that
> because the photos are taken at a public event, in a public place with
> out consent of the riders.(we have the consent of the park owners)
> that the photographer holds no copyright and if we do not post a no
> right click or water mark on the photo(most of us do the latter) then
> they are fair game.
> 
> Any comments on this. This is for Canadian shows, but i'll assume most
> portions of law would hold true in the USA as well.

She's got it completely backwards.

The relevance of being in a 'public place' (which, in itself, seems
questionable if there are park 'owners' other than a public authority)
is that the *subject* (not the photographer) has no ownership of the
image, and can't prevent the photographer publishing the image.

The photographer always owns rights in the image from the moment the
shutter release is pressed.

And, in any case, *somebody* owns the copyright - what she is doing
is stealing, plain and simple.


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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread David J Brooks
Thanks all who have responded. My thoughts on this have been assured.:-)

The lady in question probably
does not have any of my photos lifted, as she/kids ride on the A or
National shows,and i don't cover those events.

Its the incredible attitude of her's that got a few of us going.

Having said that, i know a LOT of my proofs are on webshots, facebook
etc. Even the riders at the farm we board at, Erin works at and Liz
and I volenter at, steal them on to face book.

Those i can catch fairly easily.:-)

Thanks for the mete data insert idea. Never thought of that. I do my
pages with BBpro so i'll look at that after this Sundays show.

Dave S, your sounding more Canadian ever day.

LOL

Dave


On Wed, Jul 2, 2008 at 12:04 PM, P. J. Alling <[EMAIL PROTECTED]> wrote:
> Mark Roberts wrote:
>> Paul Sorenson wrote:
>>
>>> Mark Roberts wrote:
>>>
>>>
 Dave, you need to make sure there's a copyright notice on all your web
 pages and notify FaceBook (or whatever site is involved), referencing
 your web site.


>>> In addition, be sure your contact information is included in the meta
>>> data of all your image files - name, address, phone number, web site,
>>> e-mail address, copyright notice, etc. and be sure it's not stripped
>>> from the file when you re-size for the web.  Then illicit users can't
>>> say they couldn't find you to get permission to use the image(s).  You
>>> can batch update the meta data using BreezeBrowser.
>>>
>>
>> Excellent idea. I always put my web site's URL in the visible image
>> watermark, so everyone knows how to contact me. (Many people could
>> plausibly claim that they don't know about meta data.)
>>
> While all of these are good ideas, none should be necessary to retain your 
> rights.  Unfortunately none are will work unless the copyright owner is 
> willing to back them up with legal action of some kind.  Copyright 
> enforcement is left to the copyright holder, though it's always important to 
> protect your rights, sometimes it's simply economically infeasible.
>
>
>
> --
> Vote for Cthulhu. Why settle for a lesser evil...
>   -- Dr. Jerry Pournelle
>
>
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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread P. J. Alling
Mark Roberts wrote:
> Paul Sorenson wrote:
>   
>> Mark Roberts wrote:
>>
>> 
>>> Dave, you need to make sure there's a copyright notice on all your web 
>>> pages and notify FaceBook (or whatever site is involved), referencing 
>>> your web site.
>>>
>>>   
>> In addition, be sure your contact information is included in the meta 
>> data of all your image files - name, address, phone number, web site, 
>> e-mail address, copyright notice, etc. and be sure it's not stripped 
>> from the file when you re-size for the web.  Then illicit users can't 
>> say they couldn't find you to get permission to use the image(s).  You 
>> can batch update the meta data using BreezeBrowser.
>> 
>
> Excellent idea. I always put my web site's URL in the visible image 
> watermark, so everyone knows how to contact me. (Many people could 
> plausibly claim that they don't know about meta data.)
>   
While all of these are good ideas, none should be necessary to retain your 
rights.  Unfortunately none are will work unless the copyright owner is willing 
to back them up with legal action of some kind.  Copyright enforcement is left 
to the copyright holder, though it's always important to protect your rights, 
sometimes it's simply economically infeasible.



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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Mark Roberts
Paul Sorenson wrote:
> Mark Roberts wrote:
> 
>> Dave, you need to make sure there's a copyright notice on all your web 
>> pages and notify FaceBook (or whatever site is involved), referencing 
>> your web site.
>>
> In addition, be sure your contact information is included in the meta 
> data of all your image files - name, address, phone number, web site, 
> e-mail address, copyright notice, etc. and be sure it's not stripped 
> from the file when you re-size for the web.  Then illicit users can't 
> say they couldn't find you to get permission to use the image(s).  You 
> can batch update the meta data using BreezeBrowser.

Excellent idea. I always put my web site's URL in the visible image 
watermark, so everyone knows how to contact me. (Many people could 
plausibly claim that they don't know about meta data.)




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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Paul Sorenson
In addition, be sure your contact information is included in the meta 
data of all your image files - name, address, phone number, web site, 
e-mail address, copyright notice, etc. and be sure it's not stripped 
from the file when you re-size for the web.  Then illicit users can't 
say they couldn't find you to get permission to use the image(s).  You 
can batch update the meta data using BreezeBrowser.

-p

Mark Roberts wrote:

> 
> Dave, you need to make sure there's a copyright notice on all your web 
> pages and notify FaceBook (or whatever site is involved), referencing 
> your web site.
> 


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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Mark Roberts
William Robb wrote:
> - Original Message - 
> From: "Mark Roberts"
> Subject: Re: Slightly OT: Ethical use of photos, horse show venues
> 
> 
>> Sandy Harris wrote:
>>> Unless it is "work for hire", the photographer owns the copyright.
>>>
>>> However, before acting to enforce that, I'd have a look at the contracts
>>> involved and Canadian law.
>>>
>>> It seems clear you win on the copyright issue, but if it comes to court
>>> or even if you just make her mad, she might be able to hassle you on
>>> questions of model release.
>> Not a chance as long as Dave's just showing them on his web site, rather
>> than using them for stock sales or other commercial use.
> 
> I suppose one could argue that publishing on a website is a commercial use, 
> even if it is a 
> personal website.
> Think of this: I publish portraits on my personal website, and then send 
> potential portrait 
> customers to it so they can see what I do.
> Now, have I just commercialized my website by doing this?

Nope. Well established in case law.

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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread William Robb

- Original Message - 
From: "Mark Roberts"
Subject: Re: Slightly OT: Ethical use of photos, horse show venues


> Sandy Harris wrote:
>> Unless it is "work for hire", the photographer owns the copyright.
>>
>> However, before acting to enforce that, I'd have a look at the contracts
>> involved and Canadian law.
>>
>> It seems clear you win on the copyright issue, but if it comes to court
>> or even if you just make her mad, she might be able to hassle you on
>> questions of model release.
>
> Not a chance as long as Dave's just showing them on his web site, rather
> than using them for stock sales or other commercial use.

I suppose one could argue that publishing on a website is a commercial use, 
even if it is a 
personal website.
Think of this: I publish portraits on my personal website, and then send 
potential portrait 
customers to it so they can see what I do.
Now, have I just commercialized my website by doing this?

William Robb



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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Mark Roberts
Sandy Harris wrote:
> Unless it is "work for hire", the photographer owns the copyright.
> 
> However, before acting to enforce that, I'd have a look at the contracts
> involved and Canadian law.
> 
> It seems clear you win on the copyright issue, but if it comes to court
> or even if you just make her mad, she might be able to hassle you on
> questions of model release.

Not a chance as long as Dave's just showing them on his web site, rather 
than using them for stock sales or other commercial use.

She's not only stealing Dave's work, she's publicly telling everyone 
else it's OK to do what she's doing! This has to be nipped in the bud.

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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Sandy Harris
Unless it is "work for hire", the photographer owns the copyright.

However, before acting to enforce that, I'd have a look at the contracts
involved and Canadian law.

It seems clear you win on the copyright issue, but if it comes to court
or even if you just make her mad, she might be able to hassle you on
questions of model release. You have photos of her or her kid. Have
you got a model release? Does the contract she signed to enter the
show cover you? What is the law on photos in a public place, and is
a show a public place, and so on?

If she can afford a horse, she can probably afford a lawyer. She may
be able to be extremely annoying on such issues, even if her case
has no actual merit. I'd check that before contacting Facebook or
taking other action.

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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread William Robb

- Original Message - 
From: "David J Brooks"
Subject: Slightly OT: Ethical use of photos, horse show venues


> There is a two page thread over on the equine BB i help moderate, that
> started off well intended, and has now, as anticipated started into
> the copy right issue, brought up by some upset Mom who thinks it is ok
> to lift proofs from websites and post on facebook etc.
>
> She claims, and say's she has a copy right book by her side, that
> because the photos are taken at a public event, in a public place with
> out consent of the riders.(we have the consent of the park owners)
> that the photographer holds no copyright and if we do not post a no
> right click or water mark on the photo(most of us do the latter) then
> they are fair game.
>
> Any comments on this. This is for Canadian shows, but i'll assume most
> portions of law would hold true in the USA as well.
>

Under Canadian law, in the absence of an agreement to the contrary, the first 
owner of copyright
is the person who paid to have the pictures taken. In the absence of a specific 
client (pictures
shot on speculation with the intent of selling them later fits this category), 
then the
photographer is the first owner of copyright.
It matters not where the picture was taken, whether permission to take the 
picture was granted,
or if the picture was taken on private or public property.
If you weren't paid to take the picture, you are the first owner of copyright.

As others have said, you have to live with a little bit of theft if you put 
something on the
web. It's unfortunate, but people do lift stuff for personal use, and all you 
can do is make it
difficult for them to do it.

I'd hunt down the pictures that have been lifted and put on facebook, including 
hunting down her 
horsey friends that use facebook to see if they have lifted anything of yours 
as well, and file 
a breach of copyright complaint with facebook.
That'd teach em.

William Robb




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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread David Savage
2008/7/2 David J Brooks <[EMAIL PROTECTED]>:


> Any comments on this.

Bloody bullshit

>This is for Canadian shows,

OK...

It's bloody bullshit eh!!


Cheers,

Dave

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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread P. J. Alling
There are popularized books on the subject, including "The Idiot's Guide 
to Copyrights".  All of these books contain disclaimers that for a final 
legal opinion a lawyer should be consulted.  Part of the reason that you 
should actually talk to a lawyer is that no matter how plainly written 
the text, some idiots, and don't get me wrong, we can all be "idiots", 
will misinterpret it to what they want it to mean, as opposed to what is 
actually written.   The upset Mom is one of those idiots. 

David J Brooks wrote:
> There is a two page thread over on the equine BB i help moderate, that
> started off well intended, and has now, as anticipated started into
> the copy right issue, brought up by some upset Mom who thinks it is ok
> to lift proofs from websites and post on facebook etc.
>
> She claims, and say's she has a copy right book by her side, that
> because the photos are taken at a public event, in a public place with
> out consent of the riders.(we have the consent of the park owners)
> that the photographer holds no copyright and if we do not post a no
> right click or water mark on the photo(most of us do the latter) then
> they are fair game.
>
> Any comments on this. This is for Canadian shows, but i'll assume most
> portions of law would hold true in the USA as well.
>
> FWIW, most of the bigger known photographers have held back any replies.:-)
>
> Dave
>
>   


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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Cotty
On 2/7/08, David J Brooks, discombobulated, unleashed:

>My curiosity was with her claim that because we, as show
>photographers, did not get permission to shot said photo and display
>on said web site, its fair game for her and she can lif them at will.

Let her believe what she wants, it's bollocks.

The cost (in terms of money and stress) of any legal action has to be
balanced by the net gain acquired.

Here, it is zilch.

If you've got permission from the landowner/organiser to photograph at
an event, it is up to the landowner/organiser to make patrons aware that
photographs and / or video will be shot, and by patrons participating
and/or being present, they are accepting those terms.

You're not liable for the landowner/organiser's shortcomings AFAIK.

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Cheers,
  Cotty


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||   (O)  | People, Places, Pastiche
||=|http://www.cottysnaps.com
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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Mark Roberts
[EMAIL PROTECTED] wrote:
 > Mark is correct. A complaint will probably result in action. A Chinese
 > photo site picked up a bunch of material from Photo.net. I happened to
 > be the first to notice. They had credited the photographers, and I ran
 > across the site while googling my name to see if my ad portfolio page
 > came up near the top of the google list. After numerous complaints
 > from photo.net patrons, the site removed all the swiped photos. I
 > didn't really care that they had posted some of my work, but some
 > other photo.net patrons were irate. Some even closed down their
 > photo.net pages.

I'm mainly interested in selling fine art prints, so I personally have 
no problem with people taking my images for their own personal use as 
long as they give credit: I use the Creative Commons 
Attribution/Non-Commercial license on almost all my photos.

But Dave Brooks is in a very different business and can't afford my 
laid-back attitude: By taking screen grabs of his work, his customers 
are effectively stealing precisely the product he is trying to sell.

Dave, you need to make sure there's a copyright notice on all your web 
pages and notify FaceBook (or whatever site is involved), referencing 
your web site.

Here's FaceBook's policy:
"We respect the intellectual property rights of others and we prohibit 
users from uploading, posting or otherwise transmitting on the Facebook 
website or service any materials that violate another party's 
intellectual property rights. When we receive proper Notification of 
Alleged Copyright Infringement as described in our Facebook Copyright 
Policy, we promptly remove or disable access to the allegedly infringing 
material and terminate the accounts of repeat infringers as described 
herein in accordance with the Digital Millenium Copyright Act. If you 
believe that any material on the Site infringes upon any copyright which 
you own or control, you may send a written notification of such 
infringement to our Designated Agent. Please see our Facebook Copyright 
Policy (http://www.facebook.com/copyright.php) for more information on 
how to report infringement of your copyright."

 From http://www.facebook.com/copyright.php:
"You may submit your Notification of Alleged Copyright Infringement 
using our automated form, or send it to our Designated Agent by fax, 
mail, or E-Mail as set forth below:
Facebook Designated Copyright Agent
Facebook, Inc.
156 University Avenue, Suite 300
Palo Alto, California 94301
Phone: 650.543.4800
Fax:650.543.4801
E-Mail: [EMAIL PROTECTED]"


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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread mike wilson

> 
> From: "David J Brooks" <[EMAIL PROTECTED]>
> Date: 2008/07/02 Wed AM 11:21:57 GMT
> To: "Pentax Discuss" 
> Subject: Slightly OT: Ethical use of photos, horse show venues
> 
> There is a two page thread over on the equine BB i help moderate, that
> started off well intended, and has now, as anticipated started into
> the copy right issue, brought up by some upset Mom who thinks it is ok
> to lift proofs from websites and post on facebook etc.
> 
> She claims, and say's she has a copy right book by her side, that
> because the photos are taken at a public event, in a public place with
> out consent of the riders.(we have the consent of the park owners)
> that the photographer holds no copyright and if we do not post a no
> right click or water mark on the photo(most of us do the latter) then
> they are fair game.
> 
> Any comments on this. This is for Canadian shows, but i'll assume most
> portions of law would hold true in the USA as well.
> 
> FWIW, most of the bigger known photographers have held back any replies.:-)

Call her bluff.  If there is any of your work on her page, save a copy of the 
page and the confession of wrongdoing and then bill her.  If you can get others 
to join you, so much the better.  You will probably have to chase it through 
the courts but she will have to cover your costs.  She has treated you with 
contempt; you have no reason to behave considerately towards her.


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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread pnstenquist
Mark is correct. A complaint will probably result in action. A Chinese photo 
site picked up a bunch of material from Photo.net. I happened to be the first 
to notice. They had credited the photographers, and I ran across the site while 
googling my name to see if my ad portfolio page came up near the top of the 
google list. After numerous complaints from photo.net patrons, the site removed 
all the swiped photos. I didn't really care that they had posted some of my 
work, but some other photo.net patrons were irate. Some even closed down their 
photo.net pages.
Paul
 -- Original message --
From: Mark Roberts <[EMAIL PROTECTED]>
> David J Brooks wrote:
> > There is a two page thread over on the equine BB i help moderate, that
> > started off well intended, and has now, as anticipated started into
> > the copy right issue, brought up by some upset Mom who thinks it is ok
> > to lift proofs from websites and post on facebook etc.
> > 
> > She claims, and say's she has a copy right book by her side, that
> > because the photos are taken at a public event, in a public place with
> > out consent of the riders.(we have the consent of the park owners)
> > that the photographer holds no copyright and if we do not post a no
> > right click or water mark on the photo(most of us do the latter) then
> > they are fair game.
> 
> She is entirely wrong about this: Whether the photos are taken in a 
> public place, with or without permission, has NO bearing on copyright. 
> The photographer holds copyright from the moment the photo is taken. You 
> can even register the copyright if you like.
> 
> It's a fact of life that any time you post proofs on the web they're 
> going to get swiped (though you *should* watermark them with a copyright 
> notice). As far as people doing this to keep and view on their own 
> computer, you just have to live with the fact.
> 
> But if this woman re-posts them on a site like MySpace or FaceBook, I'd 
> bet the site will make will maker take them down if they receive a 
> complaint from the copyright owner (you). Try it.
> 
> 
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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Mark Roberts
David J Brooks wrote:
> There is a two page thread over on the equine BB i help moderate, that
> started off well intended, and has now, as anticipated started into
> the copy right issue, brought up by some upset Mom who thinks it is ok
> to lift proofs from websites and post on facebook etc.
> 
> She claims, and say's she has a copy right book by her side, that
> because the photos are taken at a public event, in a public place with
> out consent of the riders.(we have the consent of the park owners)
> that the photographer holds no copyright and if we do not post a no
> right click or water mark on the photo(most of us do the latter) then
> they are fair game.

She is entirely wrong about this: Whether the photos are taken in a 
public place, with or without permission, has NO bearing on copyright. 
The photographer holds copyright from the moment the photo is taken. You 
can even register the copyright if you like.

It's a fact of life that any time you post proofs on the web they're 
going to get swiped (though you *should* watermark them with a copyright 
notice). As far as people doing this to keep and view on their own 
computer, you just have to live with the fact.

But if this woman re-posts them on a site like MySpace or FaceBook, I'd 
bet the site will make will maker take them down if they receive a 
complaint from the copyright owner (you). Try it.


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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread David J Brooks
On Wed, Jul 2, 2008 at 7:31 AM, Paul Stenquist <[EMAIL PROTECTED]> wrote:
> I don't know what the law says about this. But web sized images are
> pulled down and reposted continuously by millions of people. It's
> part of the price one pays for displaying images on the web. They're
> going to be lifted.

Unfortunatly, i have to agree with you on this. I have never been able
to stop it at my end.

My curiosity was with her claim that because we, as show
photographers, did not get permission to shot said photo and display
on said web site, its fair game for her and she can lif them at will.

Dave
> Paul
> On Jul 2, 2008, at 7:21 AM, David J Brooks wrote:
>
>> There is a two page thread over on the equine BB i help moderate, that
>> started off well intended, and has now, as anticipated started into
>> the copy right issue, brought up by some upset Mom who thinks it is ok
>> to lift proofs from websites and post on facebook etc.
>>
>> She claims, and say's she has a copy right book by her side, that
>> because the photos are taken at a public event, in a public place with
>> out consent of the riders.(we have the consent of the park owners)
>> that the photographer holds no copyright and if we do not post a no
>> right click or water mark on the photo(most of us do the latter) then
>> they are fair game.
>>
>> Any comments on this. This is for Canadian shows, but i'll assume most
>> portions of law would hold true in the USA as well.
>>
>> FWIW, most of the bigger known photographers have held back any
>> replies.:-)
>>
>> Dave
>>
>> --
>> Equine Photography
>> www.caughtinmotion.com
>> http://brooksinthecountry.blogspot.com/
>> Ontario Canada
>>
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>> and follow the directions.
>
>
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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Derby Chang
David J Brooks wrote:
> There is a two page thread over on the equine BB i help moderate, that
> started off well intended, and has now, as anticipated started into
> the copy right issue, brought up by some upset Mom who thinks it is ok
> to lift proofs from websites and post on facebook etc.
>
> She claims, and say's she has a copy right book by her side, that
> because the photos are taken at a public event, in a public place with
> out consent of the riders.(we have the consent of the park owners)
> that the photographer holds no copyright and if we do not post a no
> right click or water mark on the photo(most of us do the latter) then
> they are fair game.
>
> Any comments on this. This is for Canadian shows, but i'll assume most
> portions of law would hold true in the USA as well.
>
> FWIW, most of the bigger known photographers have held back any replies.:-)
>
> Dave
>
>   

AFAIK, unless the photographer expressly hands over the rights, they 
retain those rights without having to do anything. Lifting photos and 
posting is going to happen. But that doesn't make it right.


Not completely on-topic, but I'm just reading an interview with Alec 
Soth, who has become a full member of Magnum. I like the man.

Photographing people, with or without permission, usually leads to
all sorts of ethical dilemmas. It is unavoidable. I do my best to be
good. I ask permission. I'm honest about how I use the pictures and
send everyone I photograph a print. But the truth is that when I
take a picture of a person I am 'using' that person. They are
becoming material for my work and I'm turning them into an object, a
piece of paper, that is a commodity. It is all troubling. All I can
say is that on the long list of ethical crimes a misdemeanors,
photographing people in the name of art isn't the worst violation.

http://www.jmcolberg.com/weblog/2006/08/a_conversation_with_alec_soth.html

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Re: Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread Paul Stenquist
I don't know what the law says about this. But web sized images are  
pulled down and reposted continuously by millions of people. It's  
part of the price one pays for displaying images on the web. They're  
going to be lifted.
Paul
On Jul 2, 2008, at 7:21 AM, David J Brooks wrote:

> There is a two page thread over on the equine BB i help moderate, that
> started off well intended, and has now, as anticipated started into
> the copy right issue, brought up by some upset Mom who thinks it is ok
> to lift proofs from websites and post on facebook etc.
>
> She claims, and say's she has a copy right book by her side, that
> because the photos are taken at a public event, in a public place with
> out consent of the riders.(we have the consent of the park owners)
> that the photographer holds no copyright and if we do not post a no
> right click or water mark on the photo(most of us do the latter) then
> they are fair game.
>
> Any comments on this. This is for Canadian shows, but i'll assume most
> portions of law would hold true in the USA as well.
>
> FWIW, most of the bigger known photographers have held back any  
> replies.:-)
>
> Dave
>
> -- 
> Equine Photography
> www.caughtinmotion.com
> http://brooksinthecountry.blogspot.com/
> Ontario Canada
>
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Slightly OT: Ethical use of photos, horse show venues

2008-07-02 Thread David J Brooks
There is a two page thread over on the equine BB i help moderate, that
started off well intended, and has now, as anticipated started into
the copy right issue, brought up by some upset Mom who thinks it is ok
to lift proofs from websites and post on facebook etc.

She claims, and say's she has a copy right book by her side, that
because the photos are taken at a public event, in a public place with
out consent of the riders.(we have the consent of the park owners)
that the photographer holds no copyright and if we do not post a no
right click or water mark on the photo(most of us do the latter) then
they are fair game.

Any comments on this. This is for Canadian shows, but i'll assume most
portions of law would hold true in the USA as well.

FWIW, most of the bigger known photographers have held back any replies.:-)

Dave

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Equine Photography
www.caughtinmotion.com
http://brooksinthecountry.blogspot.com/
Ontario Canada

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