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Should I Ask Permission?
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May 13, 2016 13:15:58   #
billgdyoung Loc: Big Bear City, CA
 
Bozsik wrote:


In some fashion I faced a similar dilemma... I created a PowerPoint presentation for our local photo club and I copied several images from the internet to illustrate the point I was making on several slides. However, I put this disclaimer on the very first slide: "I’ve not solicited nor received permission to use any of the pictures/images that are contained herein. If you hold the copyright on any of these images, please let me know and I’ll revise this PPT to include your credits."...I hope that will divert any poison that may be pointed in my direction...

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May 13, 2016 13:43:09   #
RichieC Loc: Adirondacks
 
UXOEOD wrote:
Legally? Hell, I am no lawyer.

Ethically. Hell, how would you feel if you caught me using your Studebaker photo you posted back in March to sell my rust bucket Studebaker pickup on Craig's list? Doubt if you would send me a thank you note.

Unethical? I don't know, but using someone else's creative work, without permission for your own use, sounds a bit slimy to me. But if you don't have enough creativity to do it yourself....still sounds slimy.


A slimy response, and wasn't even directed at the question nor offered any real helpful advice... all in all we are all dumber for reading it, where do I get the 30 seconds back i wasted on it?

Tell me, I took a high res photo of the David in Florence... it is a very detailed photo of a piece of art work... In your world, can I look at it ever again and who owns it?

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May 13, 2016 13:50:45   #
James Slick Loc: Pittsburgh,PA
 
Mark7829 wrote:
You are fine. The fact that the image was displayed on your screen and you saw is not different than if you copies it and looked at it again. It isn't a matter of looking or copying, it is what you do with it!!!! You did not distribute, you did not with intent try defraud or make profit, right?

YOU ARE FINE. If doing what you did was illegal, then even looking at it initially would be illegal!!!


Correct, Just looking at a web page requires all of the the data that makes up the page (HTML code,photos,ETC) to be downloaded to the viewer's computer. The only time it's a problem is if the user redistributes or publicly displays the image. using it a PERSONAL wallpaper or lock screen background is fine. Thankfully I use a plain black background on my devices, But even that I guess offends someone LOL! I also don't post photos on the internet except for a few snapshots for documentary purposes, where I don't give a rip what anyone does with them!

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May 13, 2016 13:57:09   #
James Slick Loc: Pittsburgh,PA
 
Jakebrake wrote:
Thank you LFingar for the objective non insulting advice. I'm somewhat sorry I asked the initial question, because I have been called everything from a thief, come out of the attic, slimy and equated to someone who hooks their garden hose up to their neighbors faucet to water their lawn. Consequently I have deleted all of the photos I have 'stolen' (approximately 30) from my hard drive and only kept boberic's lovely flower image as my lock screen, and installed a picture (that I took) of my grand kids as my screen saver. Problem, and controversy solved!

BTW, I like and appreciate the last sentence in your signature line; "no permission needed to edit and repost any photo I post". I thought that was what the forum was all about. Sharing photo's, advice, opinions and thoughts. In the future I will indeed ask permission before I do anything for my own personal non commercial use. Thank you.
Thank you LFingar for the objective non insulting ... (show quote)


I think many who jumped in on this didn't REALLY get the original question. If it's used as wallpaper on your PERSONAL computer, you're OK. Just VEIWING a photo on website requires a download, As long as you're not redistributing the image.....Don't worry, morally,legally, You are displaying an image on your PC that you downloaded, - That "act" happens every time you open your browser!

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May 13, 2016 14:11:13   #
dcampbell52 Loc: Clearwater Fl
 
Ok, here is the actual law as described by Mac World as it applies to all aspects of usage:
"Many people assume that if content is online that it is "public domain" and that it's not copyrighted. That’s just a myth.

Content that’s published online is still protected by copyright law. If you’ve ever downloaded images from the net and republished them, used them in posters or newsletters without permission, you may have been breaking the law..."


http://www.macworld.co.uk/how-to/mac-software/law-using-free-images-found-online-3526354/

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May 13, 2016 14:22:16   #
bdk Loc: Sanibel Fl.
 
my pics on FB are for all to see and unfortunately for all to use as they see fit. When you post your work to a site like that, god only knows who is downloading it and using it.

Once in a while someone will say that one of my pics are being used as home screens etc. Makes me feel good. If they downloaded it and sold it, then of course I wouldnt be so happy.

I dont think your in trouble , glad you posted this. recently Ive started making the images I post, VERY small so if you download em, your only going to get maybe a 5x7 ...

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May 13, 2016 14:49:02   #
James Slick Loc: Pittsburgh,PA
 
dcampbell52 wrote:
Ok, here is the actual law as described by Mac World as it applies to all aspects of usage:
"Many people assume that if content is online that it is "public domain" and that it's not copyrighted. That’s just a myth.

Content that’s published online is still protected by copyright law. If you’ve ever downloaded images from the net and republished them, used them in posters or newsletters without permission, you may have been breaking the law..."


http://www.macworld.co.uk/how-to/mac-software/law-using-free-images-found-online-3526354/
Ok, here is the actual law as described by Mac Wor... (show quote)


Yes, I believe (I'm not a lawyer, and I don't play one on TV...) the republishing,selling as posters using on another website,ETC is the issue. Just having them on your HDD or displaying them on your home PC monitor is not an issue.

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May 13, 2016 14:51:00   #
James Slick Loc: Pittsburgh,PA
 
bdk wrote:
my pics on FB are for all to see and unfortunately for all to use as they see fit. When you post your work to a site like that, god only knows who is downloading it and using it.

Once in a while someone will say that one of my pics are being used as home screens etc. Makes me feel good. If they downloaded it and sold it, then of course I wouldnt be so happy.

I dont think your in trouble , glad you posted this. recently Ive started making the images I post, VERY small so if you download em, your only going to get maybe a 5x7 ...
my pics on FB are for all to see and unfortunately... (show quote)


Yes, a good way to prevent stealing of images is to upload a crappy low res image no one could do much with!

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May 13, 2016 15:08:02   #
stan0301 Loc: Colorado
 
Done by your own hand for your own use is ok--You do not have the right to sell someone else"s work with our written permission
Stan

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May 13, 2016 15:33:14   #
Peterff Loc: O'er The Hills and Far Away, in Themyscira.
 
Jakebrake wrote:
I just saw a thread created by a young lady who said she posted one of her images on Facebook asking for anyone wanting a print on canvas. Apparently one of her clients stole the image and had it made displaying it on a wall, which was photographed by a relator for the sale of her house.

My question is; I occasionally find a stunning photograph that I download to my computer for use as a background screen. Many of the ones I use are from National Geographic, Popular Photography or submissions on this forum. These are for my private use, and only used on my computer as the lock or wake up screens. Am I in trouble?
I just saw a thread created by a young lady who sa... (show quote)


Your question, and the original post are both interesting. The situations are very different. It may come down to a discussion about fair use and what happens when you decide to post your work in a public forum such as Facebook. Has anyone read the fine print in Facebook's terms and conditions that may affect this?

From what I understand of the "young Lady's" situation the "offending person" was a client, which puts a different perspective on things and she was concerned about managing a client relationship. The client had to have to some extent broken the trust of the relationship by using work without permission or payment, and the "young Lady" was concerned about damaging the client relationship if she raised the issue which is a valid concern. Perhaps a way to do that if there is a possibility of future work from the same client is just to raise the contract price to compensate for past lost revenue and the potential for lost revenue in the future. The difference would be small unless the "offending person" was actually reselling the work and profiting from that activity. The cost of pursuing such a claim is seldom worthwhile. If you are the Rolling Stones you can tell Donald Trump to stop playing your songs at his rallies and you can actually afford to sue if you wish to. If the law is on the side of the band they could most likely achieve some satisfaction.

Using an iconic or stunning photograph as a desktop background is basically under the radar, and even if used in a public situation is unlikely to cause problems unless it receives wide distribution or is used for profit. It is always good practice to acknowledge/ credit the photographer / author of a piece of work and it is easy to add a credit to an image in an unobtrusive manner. It may be different when something is officially in the public domain, but even then there is a mark of respect when the creator of the work is known.

So, how about that avatar picture of yours and a credit to Joe Rosenthal?

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May 13, 2016 15:47:43   #
James Slick Loc: Pittsburgh,PA
 
Peterff wrote:
Your question, and the original post are both interesting. The situations are very different. It may come down to a discussion about fair use and what happens when you decide to post your work in a public forum such as Facebook. Has anyone read the fine print in Facebook's terms and conditions that may affect this?

From what I understand of the "young Lady's" situation the "offending person" was a client, which puts a different perspective on things and she was concerned about managing a client relationship. The client had to some extent broken the trust of the relationship by using work without permission or payment, and the "young Lady" was concerned about damaging the client relationship if she raised the issue which is a valid concern. Perhaps a way to do that if there is a possibility of future work from the same client is just to raise the contract price to compensate for past lost revenue and the potential for lost revenue in the future. The difference would be small unless the "offending person" was actually reselling the work and profiting from that activity. The cost of pursuing such a claim is seldom worthwhile. If you are the Rolling Stones you can tell Donald Trump to stop playing your songs at his rallies and you can actually afford to sue if you wish to. If the law is on the side of the band they could most likely achieve some satisfaction.

Using an iconic or stunning photograph as a desktop background is basically under the radar, and even if used in a public situation is unlikely to cause problems unless it receives wide distribution or is used for profit. It is always good practice to acknowledge/ credit the photographer / author of a piece of work and it is easy to add a credit to an image in an unobtrusive manner. It may be different when something is officially in the public domain, but even then there is a mark of respect when the creator of the work is known.

So, how about that avatar picture of yours and a credit to Joe Rosenthal?
Your question, and the original post are both inte... (show quote)


Well, At least after a half century, The Stones MIGHT get some satisfaction!

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May 13, 2016 16:04:58   #
Los-Angeles-Shooter Loc: Los Angeles
 
Private viewing; no issue.

Misuse as described in the OP: maybe an issue.

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May 13, 2016 16:55:07   #
nanaval Loc: Cornwall
 
Jakebrake wrote:
I just saw a thread created by a young lady who said she posted one of her images on Facebook asking for anyone wanting a print on canvas. Apparently one of her clients stole the image and had it made displaying it on a wall, which was photographed by a relator for the sale of her house.

My question is; I occasionally find a stunning photograph that I download to my computer for use as a background screen. Many of the ones I use are from National Geographic, Popular Photography or submissions on this forum. These are for my private use, and only used on my computer as the lock or wake up screens. Am I in trouble?
I just saw a thread created by a young lady who sa... (show quote)


I used one of rlaughs pictures for my wallpaper on my computer but I asked him first, like wise when I was asked if one of my pictures could be used I said yes... Just a matter of courtesy.

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May 13, 2016 17:53:46   #
Jakebrake Loc: Broomfield, Colorado
 
Peterff wrote:
Your question, and the original post are both interesting. The situations are very different. It may come down to a discussion about fair use and what happens when you decide to post your work in a public forum such as Facebook. Has anyone read the fine print in Facebook's terms and conditions that may affect this?

From what I understand of the "young Lady's" situation the "offending person" was a client, which puts a different perspective on things and she was concerned about managing a client relationship. The client had to have to some extent broken the trust of the relationship by using work without permission or payment, and the "young Lady" was concerned about damaging the client relationship if she raised the issue which is a valid concern. Perhaps a way to do that if there is a possibility of future work from the same client is just to raise the contract price to compensate for past lost revenue and the potential for lost revenue in the future. The difference would be small unless the "offending person" was actually reselling the work and profiting from that activity. The cost of pursuing such a claim is seldom worthwhile. If you are the Rolling Stones you can tell Donald Trump to stop playing your songs at his rallies and you can actually afford to sue if you wish to. If the law is on the side of the band they could most likely achieve some satisfaction.

Using an iconic or stunning photograph as a desktop background is basically under the radar, and even if used in a public situation is unlikely to cause problems unless it receives wide distribution or is used for profit. It is always good practice to acknowledge/ credit the photographer / author of a piece of work and it is easy to add a credit to an image in an unobtrusive manner. It may be different when something is officially in the public domain, but even then there is a mark of respect when the creator of the work is known.

So, how about that avatar picture of yours and a credit to Joe Rosenthal?
Your question, and the original post are both inte... (show quote)


I have thanked Joe Rosenthal and all of the brave combat photographers on my Marine Corps blog on many occasions. They were there to document the action, holding a camera in their hands rather than an M-1. If Joe were alive today, I would love nothing more than to shake that brave man's hand and buy him a beer. He was an old breed of photographer, unlike many of the sanctimonious bloviating puff balls roaming around today.

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May 13, 2016 18:02:49   #
Peterff Loc: O'er The Hills and Far Away, in Themyscira.
 
Jakebrake wrote:
I have thanked Joe Rosenthal and all of the brave combat photographers on my Marine Corps blog on many occasions. They were there to document the action, holding a camera in their hands rather than an M-1. If Joe were alive today, I would love nothing more than to shake that brave man's hand and buy him a beer. He is an old breed of photographer, unlike many of the sanctimonious bloviating puff balls roaming around today.
I have thanked Joe Rosenthal and all of the brave ... (show quote)


I don't doubt that, and I think your use of his iconic photograph honors him, but it is still a copyright photo, and I don't think you give him a credit in your sig line.

I'm not trying to give you a hard time or any disrespect, but to illustrate a point that was quite reasonably raised.

Just FYI, my 90 year old Uncle-in-law, still a very vibrant and active person, was wounded at Iwo Jima and has that photograph proudly displayed above his mantle piece, along with his Purple Heart.

Please take my comments in the positive regard that they were intended, even if a little provocative!

Also, thank you for your service.

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