Improper usage

[brianbaybo]

An Industry site is allowing its members to compile "lists" (ie., Hottest chicks on, Best legs on...#$%%^) of images posted by other members on their ports. My understanding is an image used editorially stilll must be accompanied by permission from it's creator. Is this not considered editorial? Am I wrong? Can anyone direct me to copyright laws referring to such? EDIT Would such "usage" be considered under the "fair use' clause of Section 107?

[JKlebPhoto]

You may also want to look at the usage rights for the site the photo's are uploaded to. i.e. "By uploading an image to this site you understand that...."

[Kirk]

I'm surprised that I haven't come across this topic more often. Here are some links to organizations which may be of help. Sorry this looks like a big spam post.

American Society of Media Photographers - American Society Of Media Photographer

CAPIC - Canadian Association of Photographers and Illustrators in Communications, Canadian Photographers, Canadian Illustrators, Photographers, Illustrators, Photography, Illustration - Canadian Association Of Photographers and Illustrators In Communications.

Australian Institute of Professional Photography - Australian Institute of Professional Photography

The Advertising and Illustrative Photographers Association (AIPA) of New Zealand - Professional Photography for Commercial Applications - Advertising and Illustrative Photographers Association (New Zealand)

PHOTOGRAPHERS - Professional Photographers of America, Inc. - Professional Photographers of America

Stock Artists Alliance - Welcome | Stock Artists Alliance - Stock Artists Alliance

PACA: Picture Archive Council of America - Picture Archive Council of America

ASPP - American Society of Picture Professionals - American Society of Picture Professionals

[A.C. Gellert]

Originally Posted by brianbaybo

An Industry site is allowing its members to compile "lists" (ie., Hottest chicks on, Best legs on...#$%%^) of images posted by other members on their ports. My understanding is an image used editorially stilll must be accompanied by permission from it's creator. Is this not considered editorial? Am I wrong? Can anyone direct me to copyright laws referring to such? EDIT Would such "usage" be considered under the "fair use' clause of Section 107?

Firstly.. MM isnt really an INDUSTRY Site. secondly it was designed to have a "MySpace" feel to it. If you are on there and dont want your images used in someones "List".. then turn off the capability in your "My Stuff" section.

Secondly, I personally dont think that any image you post on the internet, be it here or almost anywhere else is "safe" from being linked to or copied to or shown on another site. IF you dont want people to see it.. dont post it online.

If you put it on your hosted server even.. and then link it here or somewhere.. someone could still copy the link and post that link somewhere else on the web..

IN MY OPINION... If you dont want something on the internet... Dont post it on the internet.

just my 2.375 cents worth...

[ffppro]

Also, do not forget that the images are still posted in your portfolio, and are only referenced by the list, thus bypassing all copyright concerns.

[clarionite]

That's kind of like saying that telling your friends that you really enjoyed one of the pictures at the museum and they should go see it is a violation rights.

[Stecyk]

Originally Posted by A.C. Gellert

Secondly, I personally dont think that any image you post on the internet, be it here or almost anywhere else is "safe" from being linked to or copied to or shown on another site. IF you dont want people to see it.. dont post it online.

If you put it on your hosted server even.. and then link it here or somewhere.. someone could still copy the link and post that link somewhere else on the web..

IN MY OPINION... If you dont want something on the internet... Dont post it on the internet.

Become familiar with DMCA and take appropriate measures. Effectively, if someone is using your work, you file a DMCA Copyright Infringement Notice and the host site will remove your photo pronto. If you file a copyright registration prior to an infraction, you have certain entitlements.

While I agree, if you don't want people to see it, don't post it. But posting it doesn't permit people to steal it. A good analogy is as follows. If you don't want you car stolen, never remove it out of your locked and protected and alarmed garage. But the whole purpose of having a car is to drive it. Similarly, part of the purpose of taking photographs is to show others. But when people steal your work, it's up to you as to how you resolve it.

If you value your photos highly, register them with the copyright office. That affords you more entitlements. And even if you don't register your photographs, they are still copyrighted. They are copyrighted the moment you press the shutter button.

Again, a DMCA notice does wonders.