Posting Meme Pics

[Jaemie]

This is a question for the mods/admins:

Is it okay to post memes, such as Picard "Facepalm," or Snape "dafuq," or does that violate the sites rules?

 

[Bitter Jeweler]

It violates site rules.
So does ban evasion, and multiple accounts, but they let that slide.

 

[JoshuaSimPhotography]

That would suck if we couldn't post memes! Perhaps we could create our own! TPF memes!

 

[cgipson1]

Good question! It has been going on forever.. thousands of those posted, with never a hiccup. Have the IMPLIED rules changed.. where the actual rule was never enforced on these pics?

 

[Jaemie]

Hmm.. The absence of an official reply leaves me wondering if the official word is "no reply," and that the rule is a gray area and enforcement depends on a variety of factors and we just take our chances. I suppose if I post a meme and get banned because of it, I could always say I first asked for clarification and got no answer. Of course, by then it would be too late.

Also, as a form of satire or parody, are memes not protected speech perhaps?

There is actually a meme that addresses this issue, but I'm scared to post it or a link. Oh hell.. http://chzmemebase.files.wordpress.com/2012/05/internet-memes-ill-take-the-former.jpg

 

[KmH]

Copyright is copyright. Note that TPF FAQ's supercede United States Copyright doctrine regarding 'Fair Use'.

Many (Most?) of those meme's you are referring to are derivatives likely made without permission of the copyright owners, and may very well constitute an infringement in and of themselves.

http://www.copyright.gov/help/faq/faq-fairuse.html#howmuch
How much do I have to change in order to claim copyright in someone else's work?
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. See Circular 14, Copyright Registration for Derivative Works.

We can post links to someone else's images, artwork, books, and other copyrighted intellectual property all day long and not violate any TPF FAQ's or copyright laws (US or International).

We can post copyrighted photos all day long too, if we have permission from the copyright holder that we are able to present to TPF Staff, which basically means permission in writing on letter head or a copy of a valid use license from the copyright owner.

Here is the exact TPF FAQ in question, and all of TPF's FAQs are found here - Photography Forum & Digital Photography Forum FAQ

* You agree to only post images and/or other material to which you have exclusive copyright, or permission from the copyright holder that you are able to present to TPF Staff. Under no circumstances will any instance of copyright infringement be tolerated.

Note: My added emphasis in the quote.

If you want to explore why all photography web sites have essentially the same restrictions for the same legal reasons, read the Digital Millennium Copyright Act and Online Copyright Infringement Liability Limitation Act statues.

I will gladly answer any further questions you may have, or refer you to further reading or other information, like the link for US Copyright law- www.copyright.gov.

 

[Bitter Jeweler]

It violates site rules.
So does ban evasion, and multiple accounts, but they let that slide.

.

 

[KmH]

It violates site rules.
So does ban evasion, and multiple accounts, but they let that slide.

.

Only on a case-by-case basis, and those cases are few and far between.

 

[cgipson1]

Why is this the first time that it was actually enforced.. at least since I have been here ? (and seemingly so harshly too!)

Those "memes" have been posted by a lot of different members that I have seen..... with never a word said to anybody about those particular images.

Should not a TPF wide warning have been posted first in LARGE letters... so that we would be aware of the NEW enforcement policies, if they are indeed going to be a permanent fixture around here?

I know we aren't supposed to question or discuss MOD activity.. but I think these are valid questions!

 

[KmH]

It was far from being the first time. We moderators can't be everywhere at once, or see every post. So no doubt, some things slip through the cracks.

The issue of posting likely copyrighted images in the thread I believe you're referring to, was in fact a minor issue.

The Forum's FAQs are there for all to read.

There is no prohibition on questioning or discussing moderator activity, but there are FAQs that cover the appropriate ways of doing so.

 

[Buckster]

Not specific to memes, but a related question: Suppose someone were to post a picture they shot of something like Times Square or some other heavily advertised public space that shows copyrighted images as either art or adverts or both? Or maybe just a photo that has say, a bus stop in it, with copyrighted images on the bus stop?

We're surrounded by copyrighted images on the street, in our homes, and sometimes they juxtapose or fit well or tell a story within the context of another image we're shooting, and may be prominently featured.

Are there any restrictions to posting these types of images on TPF?

I shot a photo of a book I bought more than 20 years ago specifically so that it's cover image, certainly copyrighted to the original photographer, could be seen as the inspiration to a series of photos I shot 22 years after first being inspired by it. It's a photo of a book I bought with it's shadow because of the way I intentionally lit and cropped it, but certainly prominently shows the copyrighted image on its cover. Is that a 'legal' image on TPF or should I have linked it instead?

 

[unpopular]

 

[unpopular]

Not specific to memes, but a related question: Suppose someone were to post a picture they shot of something like Times Square or some other heavily advertised public space that shows copyrighted images as either art or adverts or both? Or maybe just a photo that has say, a bus stop in it, with copyrighted images on the bus stop?

I believe it depends on if the image is being used as a documentation, or as an advertisement and if the copyrighted material is truly in a public space. These issues start to get extremely complicated, but usually only if used in a commercial setting.

 

[TheKenTurner]

Does all this mean I could print out a meme, post it in times square, take a picture focused on something a foot away, then post it here?

-Ken Turner

 

[jake337]

This is sad considering all these "memes" were created for the reasons they are being posted.

I've been on other sites where they do not care if you post someone else's work as long as their information with copyright are posted with it.


Meh....