Rights to photographic images / illustrations?

Discussion in 'Our Community' started by tribal-warrior, May 2, 2016.

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  1. tribal-warrior

    tribal-warrior New Member

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    I have a query in regards to posting images on this forum. I tried to find the information in the Terms and Conditions upon joining the site but the link was broken. I was just wondering - when someone posts a photographic image (or artwork) on the forum, does the poster / creator of the image retain the rights to the image? I have noticed there are a few forums out there that claim ownership of rights to photographs and other materials that are posted. Whereas most forums allow the respective photographer / artist to retain their rights to the images.
     
  2. kingofnobbys

    kingofnobbys Suspended Banned

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    I usually post the code created by TinyPic and as far a I know, I remain the copyright owner of any images I upload to TinyPic and then download to here, I've never seen any online "I sign over the rights to the image" click now GUI when doing this.

    I'm no lawyer so I might be mistaken, but if you post an image here, it remains your's and if someone else wants to use it, they should ask for your permission to do so.

    That said, if in doubt, my advise would be don't do it.
     
  3. BredliFreak

    BredliFreak Well-Known Member

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    Shoot [MENTION=27815]Stuart[/MENTION] on here a PM, he's a great bloke and I'm sure he can help you out!
     
  4. BrownHash

    BrownHash Well-Known Member

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    Since it doesn't state otherwise, the rights to the images posted here will belong to the copyright owner. Also, if the images are hosted elsewhere, like flickr or photobucket, the rights are determined by the terms and conditions of those sites. I know with flickr you can set the copyright to multiple options.Copyright information can also be put into the metadata of your images. This makes it a bit easier when someone is looking to see what the copyright conditions are for a photo they want to borrow; or to show ownership. This can be done manually, or automatically if you use programs like lightroom. Also, some cameras (most DSLRs), can be set to insert basic copyright info into the metadata.
     
  5. Stuart

    Stuart Site Admin Staff Member

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    Sorry for the delayed response, work has been taking up my time....

    This is a public forum and as such I believe all contents remain the rights of the poster. All this means for photos and such is that folks just need to take the necessary precautions to ensure their content is marked as their own so if someone else does use their images, it can be tracked and marked. If the forum wants to ever use one of members contents, I will email and discuss directly to get permission to do so.

    I am no lawyer however I believe its called "Public Domain" however if anyone would care to enlighten me, please do so.
     
  6. tribal-warrior

    tribal-warrior New Member

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    Thankyou Stuart for clearing that up.
     
  7. SKYWLKR

    SKYWLKR Active Member

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    Having experience with the law... it is called public domain for a reason, considering it is a public forum and is accessed free of charge by the public good. That's how search engines can get away with making images available to the public (ie: open to all persons and usage).
     
  8. BrownHash

    BrownHash Well-Known Member

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    Public Domain refers to images that either have had their copyright expire, can not be copyrighted, or the person that originally owned that copyright has released it so that anyone can do what they want with it. The majority of the images on this board are not Public Domain, the copyright still belongs to the person that takes the photo.

    For the most part, images on this board will fall into four categories. They are: images posted by the copyright owner; images that are public domain; images that are posted by someone who is not the copyright owner, but still comply with the copyright; and images that have been posted by someone that is not the copyright owner and do not comply with the copyright (illegally).

    There are also varying types of copyright, with "All Rights Reserved" being the most common. Basically it means that the copyright owner retains all rights to the image and it can not be used in any way without their permission. Another example of a copyright is "Attribution" which means that you allow others to use your work as long as credit is given to yourself. There is a whole variety of different copyrights and you can pretty much make up your own, but people usually stick to a standard that has defined copyrights that suit their needs. A good example of this is Creative Commons, which has a set of standard copyrights and logos to go with them.

    As Stu hasn't got anything relating to the copyright in his terms of use, it pretty much means that the copyright does not change and ownership still belongs to the copyright holder. Some sites have terms that say that the copyright owner gives a forum unlimited use of images, this is so that the forums can use the images for advertising etc. They also usually state that only images that the poster has the copyright to can post them. The last bit is usually there to try and protect the forum owner from being sued if someone post a photo they didn't hold the copyright to and the site then used the image for promotional material; for example, if a forum had a photo competition for a calendar and someone posted an image they didn't have copyright to and it made it into the yearly calendar. The forum owner could be sued, but they would have a greater chance of either deflecting the blame to the person that posted the image illegally, or recuperating the cost from that person later.

    An example of terms of use on other forums:

    I hope this all made sense. Also, I am not a lawyer, but this is my understanding of the basics to copyright laws.
     
  9. Stuart

    Stuart Site Admin Staff Member

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    Thanks BrownHash,

    I know there is a page of T&C on the forum and reading that has prompted me to review them again and see what needs to stay or be omitted.
     
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