Can people use my pictures without asking? comments pls!

shrimpi

shrimpi

Active Member
Hey all,
I have been on swf.com for a while and I even participated in the photo contest they had a while back and won a few (yay!)
Anywho... I was on

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looking at corals and I came across a

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for goniopora and the person was using my picture to sell thier coral! OMG! This pic won a contest on this site and if you go to goniopora -red you can see it here on swf.com.
My husband says once I post it on the internet its open season to anyone who wants to use my pic.. is this true? Its not like I am trying to start a legal battle or something but is that true? I mean its nice to see people use your pic (I wouldnt even say its one of my best...) but can they do that and not give photo credit? Also, isnt the pic now owned by swf.com since its on this site?
I sent a message to the seller and asked if it is WYSIWYG just to see what he says. Ill be cracking up if he says it is the actual coral! lol
What do you guys think?
Jess
 
shrimpi

shrimpi

Active Member
yeah youre right, so I guess I should contact him? or just ----? what do I do? I mean, I dont care really, but its just one of those things where Im like.. holy crap thats my pic!? at least give me credit! I dont care about money or anything but I never thought of it that way.. he is using it for profit.
Jess
 
hexedagain1

hexedagain1

Member
I don't think there is alot that you can actually do about it. Other than get mad.
Do you like my frogfish? J/k (just a couple of examples of what you can do to label your pics)

I would try this before I found an attorney.
 
gmann1139

gmann1139

Active Member
Originally Posted by Shrimpi
http:///forum/post/2740771
yeah youre right, so I guess I should contact him? or just ----? what do I do? I mean, I dont care really, but its just one of those things where Im like.. holy crap thats my pic!? at least give me credit! I dont care about money or anything but I never thought of it that way.. he is using it for profit.
Jess
If it won the contest here, didn't SWF take rights to the photo?
If not, contact the person, give them 24 hours, then go to ----.
 
cranberry

cranberry

Active Member
I can't say specifically because I didn't read the terms and conditions of the contest here, but most forum/online photo contest say the entrants can retain the copyright to their photographs; however, by entering the contest, they grant "Busniess X" a perpetual, irrevocable, royalty-free, worldwide license to display any submitted photographs.
Basically they can use you picture whenever and however they want... but it's still yours and does not change the copyright rules. I can submit the same photo in several contests so that different businesses are actually using it. It's not their business what I do with the pic.... just as it's not my business what they do with it if I should win.
I really wish there was a way to regulate it a little better. Look around online for rules governing posting photos on public domains. They rarely are in favour of the person owning the photo.
 
pcgeek

pcgeek

New Member
Originally Posted by Shrimpi
http:///forum/post/2740771
yeah youre right, so I guess I should contact him? or just ----? what do I do? I mean, I dont care really, but its just one of those things where Im like.. holy crap thats my pic!? at least give me credit! I dont care about money or anything but I never thought of it that way.. he is using it for profit.
Jess

The only thing you can do is to report it to eebbaayy. They (eebbaayy) have a picture posting policy. Sellers MUST post pictures taking by themselves OR with a signed agreement from the picture's owner.
 
tomato clown

tomato clown

Member
In all actuality if an image isn't copywritten or anything of that matter, then it is in fact open season for anyone to use as they wish. As far as

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sites, it doesn't have to be the image of the actual product, but an image that represents the type of product they are selling. In fact images aren't a main requirement at all. They only aid in the visual aspect of making a sale.
If SWF.com retained rights to the image, then they are able to use it for their own general purposes. This in no way means any Tom, ---- or Harry can't use it for their own reasons. SWF.com just takes that extra measure that basically boils down to, if they use it to make a profit, you can't sue them. (Not that you could anyway)
In the end the best way to protect your images in the future on the internet is to invest in a cheap watermarking program. You can tell the

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site about it, but if the seller isn't claiming it as the actual product, then there is no wrong doing from the sellers standing.
 
geridoc

geridoc

Well-Known Member
In all actuality if an image isn't copywritten or anything of that matter, then it is in fact open season for anyone to use as they wish.
Maybe a lawyer could correct me, but I believe that a copyright is created when the work is created. The registration process only records the copyright, making it easier to defend. Thus it isn't open season at all (legally if not practically).
 
cranberry

cranberry

Active Member
It's really messy law right now. It has to do with the photographer posting to a public domain and whether a person is using that photo for business purposes.
 
socal57che

socal57che

Active Member
Originally Posted by GeriDoc
http:///forum/post/2766759
Maybe a lawyer could correct me, but I believe that a copyright is created when the work is created. The registration process only records the copyright, making it easier to defend. Thus it isn't open season at all (legally if not practically).
This is absolutely correct. The Library of Congress will record the copyright, but it already exists. I sent Shrimpi a link and some info a while back.
"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."
"No publication or registration or other action
in the Copyright Office is required to secure copyright."
Here is a link to the gov't site so all can see.
http://www.copyright.gov/circs/circ1.pdf
Copyright is a RIGHT, not a permission slip. It is your SOLE right to copy the work you created unless you release it to another. A copyright release is the permission slip you sign and hand to the one you are releasing your sole rights to copy the work to.
 
socal57che

socal57che

Active Member
Originally Posted by Cranberry
http:///forum/post/2766835
It's really messy law right now. It has to do with the photographer posting to a public domain and whether a person is using that photo for business purposes.
Not really. The fact that it was used for monetary gain just makes it easier to sue for damages. The copyright law was still broken.
 
michaeltx

michaeltx

Moderator
the photo if it won the contest here is the property of SWF.com
Please send a PM to me with the link to where its at so I can forward it on to scott to take care of. If a picture is posted in open source then it can be used but most websites are completely copyrighted and no images can be used with out permission. Some websites once you post a picture the owner of the site becomes the owner of the picture and can use it at there discreation.
but like I said if it won the photo contest the rights to that picture are now SWF.coms and it is a copyright issue.
Mike
 
flricordia

flricordia

Active Member
I may be wrong but I believe that SWF legally only has One time North American rights. They can not use the photo for any other profit like letting another agency other than their subsidaries use the photo. The person(s) that sold the one time rights still owns the photo and cansell it again once it has been used by the first purchaser. Also, legally a signature on a contract is the only binding agreement. Someone else using a photo that you have taken without your permission is not legal if they are whether by digital or hardcopy. You can charge them a fee legally if they are using it. I have sold many slides of reptiles to publications and been through all this before. A reptile site used my photos without my permission once. On the site and I asked them to remove my photos. They did not at first so I charged them $1 a day per photo. This was perfectly legal to do. THey removed the photos.
The Berne copyright convention protects any photos created privately after April 1, 1989 whether on the Internet or not. The photo does not have to be copyrighted nor does it have to have a copyright insignia.
Even if used for non-profit the user has to obtain permission unless it is used for news media purposes and the like.
But, in reality, even though a photo belongs to someone and it is being used by another party without the owners permission, unless the photo has been copyrighted, little attention will be give if legal action is sought.
 
michaeltx

michaeltx

Moderator
well inessence with the contest and prize credits that were given they purchased the rights of the photos that won the contest so its not a one time thing I could be wrong though but I dont beleive so.
Mike
 
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