nanaval Loc: Cornwall

Just a question about copywrite. A friend posted on Facebook a picture she said she had not taken, added a boarder and put a filter on it. Is she correct in putting her name and the copywrite mark on it, I would have thought she would have had to have taken the picture herself?

Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)

More than likely she has no right to do that - but it would be for the attorneys to fight it out.

Longshadow Loc: Audubon, PA, United States

Good question.
(I would never copy someone's work, modify it, and call it mine!)

LarryFB Loc: Depends where our RV is parked

The short answer is she is wrong. Unfortunately, there is no practical way to correct this other than talking to her.

orrie smith Loc: Kansas

absolutely incorrect. would she copy a poem, then sign her name to it? a person went to the trouble of taking a photo, then sharing it on a public forum, and someone copies it and signs their name to it, then wonders if that was wrong? the original photographer should have put their name to it, but it is still wrong to steal.

nanaval Loc: Cornwall

Thank you every one, that was my thoughts and now I will let her know...I too would never use someone's picture and work on it and claim it to be mine...

DirtFarmer Loc: Escaped from the NYC area, back to MA

I'm not a lawyer, but it is my understanding that if you modify an image it can become a "derivative work" to which you can claim copyright.
However, the original image owner has to agree to allow you to use the original image for the derivative work.

Heather Iles Loc: UK, Somerset

[quote=nanaval]

Your friend have no conscience. Would she like someone to do the same to one of her photos? You could mention this to her knowing that she may not agree with you. You obviously feel uncomfortable about it hence your question.

I am not a Lawyer/Attorney, but worked as a legal secretary. If the photo was Ansel Adams it would be challenged and she would be sued as his works are well known.

It is like having something patent like Nike or Coco Cola. You paid for the Patent and it is your trademark and if someone copies it they can be sued, but a photo on Facebook, although it could be proved that it was copied, it would cost a lot of money and effort and even if you won your case in court and the person couldn't pay, you would still be lumbered with paying your share of costs.

This is a WARNING TO ALL, IF YOU HAVE A PHOTO THAT YOU TREASURE DON'T PUT IT ON SOCIAL MEDIA/INTERNET, AS THERE ARE SOME VERY DISHONEST PEOPLE OUT THERE.

I am sure you saw Linda from Maine's link when she mentioned that someone used one of her photos on another site and she complained. Her pictures were removed and the member's details were taken down from the site. The Administrator of that site came on here and apologised to Linda. It was very upsetting for Linda and she was given lots of support on here by other members.

Sorry, but sometimes we have to speak up for what we believe in and you should speak to your friend.

This is not meant to offend in anyway, only my point of view.

Longshadow Loc: Audubon, PA, United States

Very good comments Heather.

Cedge

Derivative works do not mean you get a fresh new copyright. It's still a violation of the original copyright holder's intellectual property rights, because you never had permission to use their original work to derive anything from in the first place. She didn't create the photo and she can't legally use it without the owner's permission. Claiming any ownership of copyright just shows her violation is intentional, even if only through ignorance.

You might want to suggest that she not go there.

chaman

Very inappropriate. Good telling her, such discussions never end up right.

BHC Loc: Strawberry Valley, JF, USA

BTW, it's "COPYRIGHT" not "COPYWRITE"; it's the right to copy. Common error we've all made.

billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont

That is the exact reason I do not post on line. Anything that is posted is fair game. It may be legal or illegal to copy copywritten work, but once it is posted on line, ANYTHING happens and what happens on line, stays on line.

jerryc41 Loc: Catskill Mts of NY

That's reaching a bit, but judges have allowed things like that. Photographers have published photos, and others have changed them enough that they were considered separate works of art.

nanaval Loc: Cornwall

[quote=Heather Iles]

Hi Heather, I did put a comment on her page and all I got back was "I did say I had not taken the picture" She has done this type of thing before. I have sent her a private message explaining what has been said on here and will wait to see what reply I get.

I like to make sure of my facts before I say anything hence asking on UHH.

Thank you for your reply and no offence taken, I appreciate your view...