Copyright infringement?

[my way]

Does anyone here know if you put a picture on a website and someone uses that picture for there business (in this case eba*) do you have any legal right to have them remove it? The picture in question was not copyrighted by you, nor did you put any disclaimer that no one has the right to use it. Can someone take that picture and copyright it as theirs? This did not happen to me but someone on another board. Also if you don't know for sure don't tell me your opinion as I need to know the facts on this. Sorry if that sounded rude but I need to know the facts. I was under the impression that once you publish it on the web without registering it as your property it is free to anyone to use.

 

[socal57che]

You could probably e-mail the party in question and ask them to remove them. They do not HAVE to remove them. Your pics are not protected unless you applied for copyright or had them printed by a professional lab. Then you are included under their copyright.
Sorry.
Most places will remove them if you tell them you own the copyright to the photo because they simply will not want to spend the money to fight for rights to use the pic when so many others are readily available.

 

[bang guy]

Can someone take that picture and copyright it as theirs?
No, you cannot copyright a picture that is not yours without the permission of the photographer.

 

[socal57che]

Posting a pic on the internet is not publishing it. It is simply sharing the photo. If the photo were published it may be protected by the publisher's copyright. It can be "stolen" and copyrighted by another if not previously protected. If your photos are important to you I would have a print made by a pro lab and that would protect that image. The copyright will be printed on the back of the photo. This is the only way I know of to copyright a digital image without applying for a blanket copyright on all your work, such as say Olan Mills or Lifetouch.

 

[socal57che]

Originally Posted by Bang Guy
No, you cannot copyright a picture that is not yours without the permission of the photographer.
But without the copyright there is no way to prove it was your photo. He said/She said. I don't think either party would be willing to go through the process of hashing it out in court unless the image in question were making someone a TON of money. I can copy the image and store it on a smart media and say I took it. There is no way to prove I didn't.
It is virtually unenforceable without proof of copyright.

 

[chipmaker]

While it may not stop copying and using the pics, Digimarc that is in the Adopbe Software in Photoshop is a good way to imprint your pics with your personal ID. AT one time it was free not sure if its that way now.

 

[bang guy]

I certainly see your point but if someone used one of my pics for their website it's always easy for me to prove I have the original. It has happened but the site has always quickly removed the picture when I ask.
I usually post cropped and/or reduced images and not the original. I think it would be difficult for someone to argue ownership when I have the 5meg original in full detail if they claimed to be the owner of the 100K reduced image.
But you're right about going to court over it. I'd just drop it if someone refused to stop claiming one of my pics as theirs. Like you said, it's just not worth it.

 

[my way]

Thanks guys, He has contacted both the seller and the auction and is getting nowhere. I told him it was free for anyone to use without the copyright, I just was'nt sure if anyone other than the person who created it could copyright it or not. There is a site called cardomain and it seems to be a target for the auction sellers who need pictures of the products they sell, seems to be mostly Body Kits from what I've seen and heard. Thanks again.

 

[socal57che]

If your friend is serious about pursuing this issue he can contact the Library of Congress at
US Copyright Office Library of Congress
101 Independence Ave. Southeast
Washington DC 20559
or
http://www.copyright.gov/

 

[my way]

Actually I don't even know this guy. He's from a message board about GM J-body cars and everyone was going off all half cocked about this. When I tried to tell him he has no rights without the copyright I got a bunch of flack from everone there (it's a younger crowd that think they know neverything) So I just wanted to have my facts straight to prove to them they don't know everything and to let them know what goes on in the real world.

 

[lovethesea]

Originally Posted by My Way
(it's a younger crowd that think they know neverything) .

many can relate to that.

 

[lovethesea]

BTW....is that a bat fish in your avatar?? Our LFS got one in not too long ago and that fish was cool looking. :joy:

 

[my way]

Yes it's a Pinnatus (sp?), DON'T buy it, although they are gorgeous fish (at least in my opinion) they don't fare well in an aquarium. I don't know of one that has survived in a tank. Many years ago I saw one in a LFS it was only about 1". It took everything I had in me, not to buy it. The juvi's are all black with the orange border, the white stripe showsthe adult coloration. They look way better as juvi's.

 

[jdragunas]

you know, there is a copywrite symbol in word... can be placed anywhere on the pic. no one will question it because it costs time and money.

 

[jdragunas]

oh, and another way he could do it is to write a letter and mail it to the company saying that they should remove his picture from their auction, or he will take legal matters. Have him also say that he forwarded a copy of that letter to his attorney. This should scare them enough to have it removed. Once, i received a credit card in the mail, and i thought nothing of it... i get those stupid application things all of the time. Well, a month later, i get this bill for $300 worth of activation fees, monthly fees, etc. I called them and said i never applied for the card, and they refused to close the account in good standing. I sent them a letter cc'd to my attorney and they cleared it and sent me an apology letter. hehehe!

 

[aquarium1]

I'm a photographer and the law states that the copyright is CREATED, when the picture is. You have to BE the creator to own the copyright, unless you've arranged for someone to sell the copyright to you in writing with a legal contract. Putting an image on a website IS publishing, and it IS infringement. If you do not OWN the copyright, but "borrowed"(ie, stole) it from some site, or scanned, it's STILL infringement. Only the creator can say how it may be used, unless he sells those rights.
The PPA(profession photographers of America) deal with copyright issues and claims all the time. You do NOT have to register before hand, but you do need to register within a certain amount of time of the infringement that you've noticed,(if you are the creator) to collect damages and enforce your rights. Copying of ANY professional image is forbidden withou express written permission(and or payment) of the creator. PPA will go after infringers. They made a huge case against Kmart when they were caught repeatedly ignoring the rules, and settled out of court. Even if a photo looks like it's created by a pro, they should ask for the waiver of copyright, from the creator. There doesn't have to be a logo, or copyright symbol. It's implied.
Hope that helps!!