The nerve of some people... - DPChallenge Forums

09/16/2007 11:02:11 AM · #53

Just my two cents.....

Like when I first learned about viruses (Virii???), you have to protect yourself the best you can, but the only real way to be 100% sure is to NOT go out on the 'Net.

If you have a shot that you absolutely do not want stolen, you cannot post it.

Personally, I don't much care because, well, for one, I'm not that good, but these @$$holes all know the truth and something tells me that the best case scenario for them is that they might make a buck or two off a stolen image. If someone were to hire them on the basis of a stolen image, how long would it take for the ugly truth to come out?

I have had one image kind of stolen, but the image had been out there long enough with my name on it, and it's such a niche-specific shot that I'm sure nobody believes that two people have the same image.......and I was out there first.

As a matter of fact, the person who told me that she saw it was another professional in the area who had purchased a print from me!

I just don't really get that excited about it......but like I said, I'm not that good that it's been a real issue......8>)

Message edited by author 2007-09-16 11:02:58.

Nikon AF Nikkor 35mm f/2.0D

09/16/2007 11:26:44 AM · #54

I just checked a couple of things.....

One, my wife had researched this and according to a lawyer, if you post it on the 'Net without registering the image with a copyright service, it's public domain.

Second, if you right-click on an image here at DPC, it shows up as a copyright infringement on the saving bar of the window......which means that the person knows EXACTLY what they're doing if they steal an image from you at DPC.

That's nice that the site does that.....thanks, guys!

A funny aside.......TECHNICALLY.....that makes the images property of DPC, but somehow I don't see that as the original intent. I'm not completely sure of that last item, but as I stated before, it's a stopgap measure that SC put in place and it's nice to know that they're looking out for us.

zarniwoop

Nikon D50

09/16/2007 11:47:31 AM · #55

Originally posted by NikonJeb:

if you post it on the 'Net without registering the image with a copyright service, it's public domain.

Really?

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

09/16/2007 11:52:48 AM · #56

I just discovered something about ArtWanted.com, another site where I have my photography exhibited.

You can *NOT* right-click on the images!

GeneralE

Canon PowerShot S3 IS

09/16/2007 11:57:52 AM · #57

Originally posted by NikonJeb:

Sorry, this is wrong. If you don't register, your ability to collect damages is limited, but it does not invalidate your copyright or put the image in th "public domain."

If you read the TOS, you'll see that posting here grants DPC a license to use the images, actually validating the copyrighted status, not to mention the acknowledgement posted on every page (emphasis added):

"DPChallenge, and website content and design, Copyright Â© 2001-2007 Challenging Technologies, LLC.
All digital photo copyrights belong to the photographers and may not be used without permission."

Check this thread for more on registering with the US Copyright Office.

Sony Sonnar T* 35mm F2.8 ZA

09/16/2007 12:00:54 PM · #58

Originally posted by NikonJeb:

if you post it on the 'Net without registering the image with a copyright service, it's public domain.

Originally posted by zarniwoop:

Really?

That is the gist of what my wife got when she researched copyright infringement/image theft when we were first doing the necessary steps for putting together Whiskey Spring Studios.

She read a thread on a lawyer's blog that went into it in some depth......back to that whole if you don't want it stolen, don't post it up on the 'Net.

I can kind of understand that even if it were infringement, it'd still be something that you'd have to pursue in civil court which gets stupid aggravating really fast expecially if you're crossing state, or particularly, international, lines.

salmiakki

Apple iPhone 16 Pro

09/16/2007 12:02:07 PM · #59

Hate to tell you, but you can! I just downloaded one from that site using both firefox and Safari. You can also just drag and drop if you are a mac user......

Originally posted by NikonJeb:

I just discovered something about ArtWanted.com, another site where I have my photography exhibited.

You can *NOT* right-click on the images!

dwterry

Canon EOS-1D Mark III

Canon EF 24-70mm f/2.8L USM

09/16/2007 12:03:51 PM · #60

Originally posted by NikonJeb:

I just discovered something about ArtWanted.com, another site where I have my photography exhibited.

You can *NOT* right-click on the images!

Once the image has been received by your browser, it's a snap to pull it out of the cache (internet explorer) and even easier if you have firefox to just save the image elsewhere. No right-click disabler can stop the fact that the image has been received and is now stored on your computer.

09/16/2007 12:05:23 PM · #61

Originally posted by NikonJeb:

Originally posted by GeneralE:

Hey, that's great! I stand corrected and all, but I still don't want the hassle of time and expense to go after an image that the proceeds from won't approach even a meager percentage of what the legal expenses would be.

Canon EF 70-200mm f/2.8L IS USM

09/16/2007 12:10:06 PM · #62

WOW!!!!

Hey, I didn't mean to aggravatre or provoke anyone, and I'm sure there's always a way for skilled, and devious, users to circumvent safeguards.

My point was that like DPC, ArtWanted.com has at least put in a measure of security that makes it abundantly clear that nobody's going to use an image from their photographer base without it being an obvious, and intentional, theft.

Also.....allow me to stipulate that plaigarism, IMNSHO in *any* form is the lowest form of theft.

But I certainly am not going to lose any sleep over it.....the f*ckin' scumbags that do these things certainly have no conscience, so why worry?

LindaLee

Canon EOS-40D

09/16/2007 12:11:49 PM · #63

Originally posted by NikonJeb:

GeneralE has it right, your premise of public domain is not correct.

A "work" is automatically copyright protected from the moment of creation, and registering your work is not required, however, is beneficial if you wish to collect monetary damages from theft or unauthorized use of the work. Copyright does NOT cease to exist simply because you post it on the web.

Material found on the web may be copied freely only if the information is created by the (1) federal government, (2) if the copyright has expired or (3) the copyright has been abandoned by the holder. Therefore, "internet" and "public domain" are not synonymous. Any work published on the internet is not automatically placed it in the public domain, unless the material in question complies with one or more of the characteristics mentioned.

Also, see this link for more information about when works pass into the public domain.

: ) Linda

LindaLee

Canon EOS-40D

Canon EF 70-200mm f/2.8L IS USM

09/16/2007 12:14:26 PM · #64

Originally posted by NikonJeb:

I don't think anyone is aggravated or provoked! Just chimin' in with more info.

Any you are so right...stealing images is a crappy way of "being an artist".

salmiakki

Apple iPhone 16 Pro

Sony Sonnar T* 35mm F2.8 ZA

09/16/2007 12:36:02 PM · #65

Hey Jeb

Certainly not aggravated - just wanted you to know that this right click option doesn't work if you don't use IE. Please just know that for your own protection.

Sarah

Originally posted by NikonJeb:

Message edited by author 2007-09-16 12:36:18.

09/16/2007 12:41:34 PM · #66

Originally posted by LindaLee:

GeneralE has it right, your premise of public domain is not correct.

T'wasn't mine......it was from a lawyer's blog my wife found.

Originally posted by LindaLee:

A "work" is automatically copyright protected from the moment of creation, and registering your work is not required, however, is beneficial if you wish to collect monetary damages from theft or unauthorized use of the work. Copyright does NOT cease to exist simply because you post it on the web.

Automatically????

That seems too good to be true.

Is there somewhere in an official domain that this is written accessible by Web?

Is General E's link to that????

Originally posted by LindaLee:

Material found on the web may be copied freely only if the information is created by the (1) federal government, (2) if the copyright has expired or (3) the copyright has been abandoned by the holder. Therefore, "internet" and "public domain" are not synonymous. Any work published on the internet is not automatically placed it in the public domain, unless the material in question complies with one or more of the characteristics mentioned.

I'm not sure I buy that.....I was always led to believe that if you wanted to protect something from theft, it was on you to make sure that your art, writing, photography, or music was duly registered to be protected.

That doesn't mean that this automatically exempts you from the hassle of a legal battle to enforce it, but you stand a better chance of getting a successful day in court.

Here again, I don't have enough interest to spend hours searching.

Originally posted by LindaLee:

Also, see this link for more information about when works pass into the public domain.

: ) Linda

A terrific chart......but it looks to me to be a general compilation of what I'll assume to be facts, yet that same assumption would probably not fly in court.

I don't know how many of you have ever had to deal with something like this in court, or anything involving something injurious to your life/livlihood, but if the case in question isn't for a sh*tpot of money, the nuisance and expenses are so great it just isn't worth it.

A million dollar songwriter? Yeah.....that's worth it. Someone steals your Andrew Wyeth that you had in the house and duly documented, yeah......but a shot from DPC, Flickr, or DeviantArt????

It's just not worth it.

I'm not condoning it, but the simple truth is......if you don't want anyone to have a shot you really like, you cannot put it up on one of these sites without risking it.

It's just not a big enough issue that there is likely to be preventative measures developed, and kicking someone off a site after the fact is the old close-the-barn-door-after-the-horse-is-gone thing.

It sucks, but that's pretty much the way it is.

Canon EF 100-400mm f/4.5-5.6L IS

09/16/2007 12:47:06 PM · #67

Originally posted by salmiakki:

Hey Jeb

Certainly not aggravated - just wanted you to know that this right click option doesn't work if you don't use IE. Please just know that for your own protection.

Sarah

Let me qualify that aggravation comment.....I know that having an image stolen sucks, and it *IS* aggravating that the sense of decency and fair play that we live with and abide by here isn't shared by all too many.

I don't presume to know how frustrating it must be for people like Larus, Joey Lawrence, Shannon, and others who regularly have things like this happen.

The frustrating part is that there is so little you can do about it and get any measure of justice.....and by that I mean that it can be prevented and/or dealt with without it being more grief for the offendee than the offender.

chip_k

Canon EOS-20D

09/16/2007 12:54:20 PM · #68

Originally posted by NikonJeb:

Originally posted by LindaLee:
A "work" is automatically copyright protected from the moment of creation, and registering your work is not required, however, is beneficial if you wish to collect monetary damages from theft or unauthorized use of the work. Copyright does NOT cease to exist simply because you post it on the web.

Automatically????

That seems too good to be true.

Directly from the source, the US Copyright Office:

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

//www.copyright.gov/circs/circ1.html#wccc

Copyright registration:

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration.

//www.copyright.gov/circs/circ1.html#cr

Message edited by author 2007-09-16 12:56:37.

GeneralE

Canon PowerShot S3 IS

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

09/16/2007 01:00:11 PM · #69

Originally posted by NikonJeb:

Originally posted by LindaLee:
GeneralE has it right, your premise of public domain is not correct.

T'wasn't mine......it was from a lawyer's blog my wife found.

The lawyer may have been speaking in practical, not legal terms. Posting an image on the internet may have the practical effect of putting it in the public domain, even though it is not in the strictly legal sense -- without registration, it is almost aslways financially impossible to enforce your copyright.

Originally posted by NikonJeb:

Yes, the US Copyright Office has all the information and forms you need, posted and available for download as PDF documents. You can register a collection of images for $45 USD. You do not need to be a citizen of the USA. If your country is a signatory tp the Berne Convention or other copyright treaties, you should have essentially the same protections as in the US; see this List of bilateral relations between the US and foreign countries.

For even more detailed info on Copyright and other IP law, check out the books available from Nolo Press.

Message edited by author 2007-09-16 13:03:20.

MikeJ

Canon EOS-1D Mark II

Canon EF 24-70mm f/2.8L USM

09/16/2007 01:52:05 PM · #70

I've made a good amount of money off of the images of mine I've had stolen by others. The only reason I've been able to collect from any of those I caught was because I had my images registered. Other wise I couldn't afford to go after them. But because they were registered, which puts the burdon of paying for all legal and court costs on the infringer, I've only had to involve a lawyer once and have never had to go to court. Just mention the images are registered and suggest they go talk to a IP lawyer on what that means and they roll over fairly quickly. At least here in the US.

Mike