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Author Topic: Use of other peoples photographs  (Read 11783 times)
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kensmith
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« on: January 27, 2013, 01:13:02 pm »


Just a gentle reminder if you upload to this website a photograph you have seen that has been taken by someone else.

Any such photograph will be covered by that persons copyright and it is not sufficient just to add a link to that person with an uploaded photograph.

Before uploading any such photograph you must first of all have that persons permission and approval to do so, anything other than this is a breach of Copyright Law and could be subject to litigation.

We get many complaints about photographs being stolen from this website and this is the same thing in reverse, so if any of you have uploaded any such photographs then I strongly suggest that you check them out and remove them from this website if you have not sought permission or have approval to use them.

Kind Regards
Ken Smith
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Gilles Barnichon
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« Reply #1 on: January 27, 2013, 03:34:18 pm »

Hello,

Can you confirm there is no problem when using "thumbnail code to post in forum, blog or homepage" provided by Shipspotting under every picture ?


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Gilles Barnichon
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« Reply #2 on: January 27, 2013, 05:11:01 pm »

Hello,

Many thanks for your answer. But I do not understand what you mean by "this was imposed upon us"...

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Gilles Barnichon
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« Reply #3 on: January 28, 2013, 01:44:47 am »

Thank you for your reply.

Regards.
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jadran
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« Reply #4 on: January 28, 2013, 10:08:07 am »

A query of mine for Ken;

If any a photo by the Author is ONCE SOLD to another PARTY (another person and/or to a Company titular) then such a photo becomes, anymore, NOT property & Copyright of the Author.

Explanation: once the photo is ONCE SOLD by the Author ... the Copyright rights of the Author are CANCELLED/DELETED.
The Copyright rights of the buyed photo are thereupon transfered to the new Owner of the photo who paid for it.
Am I right !?

Best regards/Jadran

 
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Jon Godsell
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« Reply #5 on: January 28, 2013, 11:05:05 am »

This only applies if you have sold the copyright of the image at the same time, to the other party.

Just the act of selling an image to another party does not mean that you are relinquishing the copyright as well. If you do sell an image, together with the copyright of that image, then you are entitled to charge a much higher price.

If you are selling an image then you should state that it is with or without copyright.

Regards,
Jon.
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DanEarl
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« Reply #6 on: January 28, 2013, 11:15:00 am »

I think this is a can of worms !

But understand what all parties here are asking and saying.

Back in the early nineties, I was a regular at Great Yarmouth and Lowestoft piers taking photos, there were a group of us who would exchange and buy photos between each other ( selling to try to cover the cost of developing the old 35mm films ) we never had paperwork in place to say who bought what and if the copyright was transferred in the sale.

Recently a lot of photos have been posted on here from Gary Markham of whom I have since contacted as I have 6x4 paper photos of the same photo, he told me that he took the photos, I then contacted Ken Smith on here stating that I would like to post my photos some of not taken by me and he suggested that I don't ( he is actually in the same position with many photos he has from other photographers).

So I think unless you have a piece of paper with a signature of the photographer stating that when he sold the image to you you have taken over the copyright then just don't add them to this site.

It's a friendly, informative website of which I greatly appreciate and learn everyday about vessels.

Getting away from photographs, if you buy the negative or slide then surely you have bought the copyright ? I sold all my negs and slides years back and regret it now !

Kind regards,

Dan.
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Tuomas Romu
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« Reply #7 on: January 28, 2013, 11:50:24 am »

...if you buy the negative or slide then surely you have bought the copyright?

http://www.photoattorney.com/2007/05/does-having-negative-give-you-copyright.html

Quote
Photographers understand that providing a digital file does not transfer the copyright. It's no different when negatives change hands, but you may have to convince others about that.

Unless you have a paper that explicitly states that the copyright was transferred to you, it remains with the original photographer.
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jadran
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« Reply #8 on: January 28, 2013, 12:02:25 pm »

Thank you Jon !

But, what happens & what is the status of the author's Copyright for the following scenario:

I (the "Company") order from the photographer (the "Author") a PROJECT consisting of:
taking photos, developing (in xxx copies), several photo albums, etc.

The Company for this scope of work signs a Contract with the Author.
Usually in the Contract is mentioned Price, Time & duration of execution, Date of Delivery of the "product" and other standard contract clauses.
I'd never seen in such a Contract (that is my sole experience) any clause or any mention of the Copyright on the "fabricated" material.
Possibly the reason is, Standard contract form for subcontractors, quick stipulation/signature of that "little" contract & not knowing the issue of Copyright importance.

In summary:
The Project is ordered, the Contract is stipulated, the "product" is delivered & the Project is FULLY PAID in accordance with the Contract.

Somehow at then being time & later, it "duly" comes-out and is MUTUALLY agreed without any written trace in the Contract, that the delivered materials are sole property of the Company which is further entitled to use its own property without any limitation respective to the Author and not to mention at all any Copyrights related to the Author.

Therefore the thread would be:
Order ... Contract ... Delivery ... FULL PAYMENT ... Company full IN ... Author full OUT.

I would very much appreciate the Opinion or Statement of the other members of this site ... thank you.
Jadran  
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Phil English
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« Reply #9 on: January 28, 2013, 12:14:11 pm »

Jadran,

This is not a matter of opinion or debate for other members of the site. Ken is the site's webmaster and he has outlined the site's policy regarding copyright very clearly.

There is really only one simple rule to follow. If you have not taken the photo yourself and you are in any doubt regarding permissions or copyright, do not post!

Brgds
Phil

« Last Edit: January 28, 2013, 12:16:42 pm by Phil English » Report to moderator   Logged
jadran
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« Reply #10 on: January 28, 2013, 12:51:49 pm »


Hi Phil,

Thank you!
I didn't realize that Ken had answered in the very short between time, when I was still writing my second message (my second message was only Re: Jon).

Phil, your message is clear & in good order, no doubt at all !

My very best regards to Ken and You,
Jadran

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« Reply #11 on: January 28, 2013, 03:40:40 pm »

So basically, if you take the photo it's yours, if you did'nt take it, it's not yours(without written permission).
Therefore, if you took it you can post it, if you did'nt dont post it.
SIMPLE.
Regards
Richard
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Cornelia Klier
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« Reply #12 on: January 29, 2013, 08:29:52 am »

I have seen, there are some people here uploading photos, which they have bought from somewhere. They do name the copyright. However, these are old professional photographs, not any shipspotting photos.

I think, and that is my opiniom, that this site was not invented for uploading here bought professional photographs !

Shipspotting itself, is definitely something else.

So I hope, that it can be here like this, as bestated above: Only upload photos which are taken by you !!!

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Corona Piero
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« Reply #13 on: January 31, 2013, 08:29:45 am »

Hll to everybody,
It's only to clarify some point of view, since 2008 me and Robert Smith after my visit Chittagong's ship breaker in which I shot the famous Barge Carrier RHINE FOREST beached as well the former S.A Winterberg and many others.
It was my first time taken ship photos so I know already about shipspotting website and during my visit I try to find out who upload the RHINE FOREST in better life and I send e-mail to them with RHINE FOREST photo beached at Chittagong, no one answer me! I need only help to begin to post those rare photos, only Robert Smith answer me and he make me happy! In my mind was somebody are interested about my photos, so since I begin with Robert Smith to share my photos with him.
He upload all my photos in shipspotting and I'm very glad of him that's why him is even copyright of my photos, whatever he decide with my photos! I'm agree with him, Robert Smith done big job for me, upload my photos and share with everybody is very nice. Thanks a lot Robert!!!!
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Robert Smith
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« Reply #14 on: January 31, 2013, 08:24:30 pm »

As a matter of fact the majority of pictures which carry my name were made by myself. But on top I have an agreement with Piero Corona since 2007 to upload pictures on his behalf onto the site. Piero is often working in countries with a very poor internet connection. He sends me his pictures by all kinds of electronic means when the opportunity arises whereupon I'll distribute them for him. In this way we have been able to make rare pictures from a.o. Chittagong's scrapyards and the Suez Canal available. Shipspotting's webmasters know about this agreement. So it is a bit simple to reject outrightly the upload of pictures which were not taken by the uploader. You may not consider it outright shipspotting but it takes a lot of effort to handle them. There's more between heaven and earth .....



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