Jakebrake Loc: Broomfield, Colorado

I purchased a print of that iconic day when I visited the National Museum of the Marine Corps in Quantico, VA several years ago. I scanned it, converted it to B/W and have been using it off and on as my avatar since joining UHH. It is a scan of my property, does that exclude me from using it? You know, I'm not going to get into a pissing match with you over my avatar. If you have a problem with it, I'll just pull it.

Los-Angeles-Shooter Loc: Los Angeles

Peterff Loc: O'er The Hills and Far Away, in Themyscira.

I seem to have annoyed you, which I did not intend to do. For that I offer apologies. Please take my comments in a positive sense as an attempt to answer your initial question. I have no problem with you using the image as your avatar, I see it as a mark of respect in so many ways. I have no desire for you to stop using it, so please do not "pull it!"

However, purchasing a print does not legally make the image your property, nor does it transfer rights for you to reuse it. This is the point, which underlies this discussion. It is about the transfer of rights to reproduce another person's work. Buying a music recording, in any format, does not usually transfer rights to reproduce it, even for backup purposes. It generally does not transfer rights to re-record, perform or publish the material. Just because you paid for a print does not normally give you any rights of ownership over the image or rights to reuse the image, unless it is officially in the public domain.

To revisit your original question, I certainly do not think you are in trouble, but in the case of using this image as your avatar you are not just using it on your personal computer in the privacy of your own home, you are 'publishing it' in a public forum which is a little different. So far as I can tell, you are not trying to misrepresent anything, nor are you trying to profit from it. I perceive your use to be both a mark of respect and honorable. However, your use may infringe strict copyright law. That said, I doubt most people would care or wish to protest.

I would suggest that you add the following line to your sig:

Avatar: "Old Glory Goes Up On Mt. Suribachi, Iwo Jima” by Joe Rosenthal, © Associated Press"

By doing so you provide credit, and appropriate references and show your respect to all. That should address both the reasons why you wish to use the image and also keep you out of any trouble.

For those interested, perhaps familiar with the image but do not know its history, it may provide enough information for them to learn and appreciate the sacrifice that the image represents.

I offer this comment with respect, and no desire for any kind of contest. Best wishes.

Los-Angeles-Shooter Loc: Los Angeles

With full respect for the Devil Dogs, past and present, I'll address the legal issue:

Copyright law differentiates between the "artifact," (in this case a print) and the "copyright rights" embodied in the image. Owning the artifact does not normally include the right to make derivative copies or in this case, also cause the derivative copies to be publicly displayed and duplicated. Including using it as an avatar, no matter how much you admire the men who stormed ashore at Iwo Jima. With that said, I do not know who owns the rights, or where you would ask permission to use that historic image as an avatar. I would be surprised if you were hassled over such a modest and respectful use. And I hope my explanation of this aspect of copyright is useful.

Peterff Loc: O'er The Hills and Far Away, in Themyscira.

I agree, and suggest that the following reference would do the trick:

"Old Glory Goes Up On Mt. Suribachi, Iwo Jima” by Joe Rosenthal, © Associated Press"

A minute or two of conversation with Mr. Google delivered the goods.

Los-Angeles-Shooter Loc: Los Angeles

Providing a photo credit does not excuse what is technically infringement. It removed any chance of the misuse including plagiarism. But the misuse is still infringement.

Peterff Loc: O'er The Hills and Far Away, in Themyscira.

I do not disagree, but I'm not convinced that "technical adherence to the law" or infringement is being debated here. That wasn't raised in either the OP's initial post, nor the other thread referred to.

For the OP, I still suggest that providing the credit and copyright acknowledgement would be a good resolution to a relatively insignificant situation.

crissx09 Loc: FL-USA

No jakebrake. As long as you copy public material as pictures from he National Geographic for your personal use and not for profit, you are legal.

LFingar Loc: Claverack, NY

Stealing your neighbor's water to water your lawn? No photographer would do that! We all know that the more you water the lawn the more you have to mow it! How are you supposed to take pictures when you are bouncing around on a lawn mower?
Here's one you can have. Makes a nice wallpaper in the winter, I think!

LFingar Loc: Claverack, NY

For some reason the photo didn't upload. Let me try again!

(Download)

UXOEOD

Posting a copyright under a infringed photo?

No, no one is going to say anything about it, but in my mind, it is rather like publicly proclaiming "the best damn candy I ever stole was from Bob's Candy Store", and believing the unsolicited testimony more than makes up for stealing from Bob.

Jake, you are most likely improperly infringing on the owner of the photo rights. No, the FBI, nor the local police, not even the owner of the rights to the photo won't come after you. Don't waste the time posting the copyright, go on continue to steal it, and enjoy yourself. Hell, it has been posted on the web, so go on and use it! My God, especially if you really intend it as an honor, and who are you hurting?

I just don't understand why you are wasting your time, and the bandwidth....maybe to soothe a guilty conscious?

And if you see a car with the keys in it, hell the owners obviously wanted you to use it. And if you see a lens, not being used and not locked up, hell grab it. Just please, don't waste your time justified it. You know what is right, and you decide on your behavior. It is called free will.

If you are lucky, you will be able to feel the pride when your children follow the example you set for them.

James Slick Loc: Pittsburgh,PA

I sincerely doubt you derive profit from your "avatar" and no one thinks you took the photo. Everyone knows what it is....Now If people spent more time learning what it MEANS, we'd be better off...God Bless our Veterans from all wars!

tinwhistle

A short time after hooking up with UHH I had a debate with myself about posting images on the site. It's an ongoing debate for me for many years now. I've been a bit paranoid about posting my images, I don't post on any of the "social media" sites. I simply don't want some unknown to grab one of my images and use it for who knows what. The images I do post now and then are low resolution and not much good for enlargement. When I attempt to add up how much money and time, effort, blood and tears I've put into this past time (and semi profession) I get quite possessive of my work. As far as a "good feeling" if someone likes an image of mine enough to use it as computer wall paper or screen saver, no thanks. Please put in the time and effort to capture your own image.

katkase Loc: Grapeview, WA

I post my photos on Flickr and I put them in Creative common License with Attribution. If you google my moinker photogirl7.1, you will see many, many websites that do use my photos and I see my name attributed to the photo. Have there been others who do not? I presume there are, but for the most part, people do attribute the photo to me.

dcampbell52 Loc: Clearwater Fl

Also, after so many years, some images become public domain. I believe the copyright is for a specified time unless renewed. I am NOT sure about this and copyright laws in the US are not always cut and dry. I do know that a photographic image is copyrighted the moment the shutter snaps and goes (without registering) for a set period, it may be until the death of the photographer, or whatever. It can be further enhanced and easier to enforce by registering. But, the law is specific about ownership regardless of whether the image is on Facebook, the world wide web, or mom's wall.