Removing Images That the OP Doesn't Have a Copyright To...Easier Way?

[D-B-J]

I feel like threads all the time are posted with examples, but then a moderator swoops in and removes the image and leaves it link-less, and now nobody can actually HELP the OP. I understand the whole "copyright and needing permission" deal, so lets not discuss that. But is there an easier way of fixing this issue? I mean, removing the linked image and posting "please do not post images that aren't yours" helps nobody.



On a separate note, I as a photographer wouldn't mind if another photographer used my image in a "can you help me recreate this?" thread. Like, really. They aren't using it for financial gain or anything, or claiming it's their own. Just a thought.


Discuss

 

[KmH]

If the image is uploaded directly from someone's computer - there is no link.

If someone used IMG tags for an image hosted online somewhere, the IMG tags are deleted leaving the URL.

It is not as simple as many people assume.

TPF has exposure to infringement lawsuits per portions of US Copyright law sections known as DMCA and OCILLA.
TPF derives income from advertising on the site, so TPF has a financial interest involved.
To quote portions of US Copyright law Fair Use doctrine fact sheet FL 102:

. . . The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. . .

The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission. . .

The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

The bottom line is, if you want to copy a photo off the Internet, you are advised to get permission from the copyright owner to do so.

 

[D-B-J]

If the image is uploaded directly from someone's computer - there is no link.

If someone used IMG tags for an image hosted online somewhere, the IMG tags are deleted leaving the URL.

It is not as simple as many people assume.

TPF has exposure to infringement lawsuits per portions of US Copyright law sections known as DMCA and OCILLA.
TPF derives income from advertising on the site, so TPF has a financial interest involved.
To quote portions of US Copyright law Fair Use doctrine fact sheet FL 102:

. . . The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. . .

The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission. . .

The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

The bottom line is, if you want to copy a photo off the Internet, you are advised to get permission from the copyright owner to do so.

So what you're saying is there is no better way of handling it?

 

[Overread]

Most of the time if the user has linked off site we just delete the image tags and leave url tags, so the photo remains. However if they use the gallery or upload to the forum we have to delete the photo as well because its not their property. At that point we don't know where the photo came from so we can't provide a link.


There was talk/suggestion from other members that mods use the funky reverse image search engines now on the net; however it was generally felt that any member who has an image deleted in this manner is best to put the link up themselves. It teaches good practice and also means that mods don't end up doing peoples work for them.
In general if they never come back to the thread they were a one-post-wonder and no longer contribute to the site so its no loss for the forum community.

 

[D-B-J]

Most of the time if the user has linked off site we just delete the image tags and leave url tags, so the photo remains. However if they use the gallery or upload to the forum we have to delete the photo as well because its not their property. At that point we don't know where the photo came from so we can't provide a link.


There was talk/suggestion from other members that mods use the funky reverse image search engines now on the net; however it was generally felt that any member who has an image deleted in this manner is best to put the link up themselves. It teaches good practice and also means that mods don't end up doing peoples work for them.
In general if they never come back to the thread they were a one-post-wonder and no longer contribute to the site so its no loss for the forum community.

I guess. Just seems so clumsy/messy.

Darn, I really hoped there would be a good way of fixing it or making it smoother. I hadn't thought of a user posting a photo that was unlinked... Oops

 

[Ilovemycam]

I feel like threads all the time are posted with examples, but then a moderator swoops in and removes the image and leaves it link-less, and now nobody can actually HELP the OP. I understand the whole "copyright and needing permission" deal, so lets not discuss that. But is there an easier way of fixing this issue? I mean, removing the linked image and posting "please do not post images that aren't yours" helps nobody.



On a separate note, I as a photographer wouldn't mind if another photographer used my image in a "can you help me recreate this?" thread. Like, really. They aren't using it for financial gain or anything, or claiming it's their own. Just a thought.


Discuss

OP. I'm with you.

Go to Wiki Commons. Tons of pix there for free. Photogs think their lousy $1.50 inkjet print is gods gift to mankind.

Photogs should realize their stuff is pretty worthless. The world is polluted with photos.

 

[tirediron]

I feel like threads all the time are posted with examples, but then a moderator swoops in and removes the image and leaves it link-less, and now nobody can actually HELP the OP. I understand the whole "copyright and needing permission" deal, so lets not discuss that. But is there an easier way of fixing this issue? I mean, removing the linked image and posting "please do not post images that aren't yours" helps nobody.



On a separate note, I as a photographer wouldn't mind if another photographer used my image in a "can you help me recreate this?" thread. Like, really. They aren't using it for financial gain or anything, or claiming it's their own. Just a thought.


Discuss

OP. I'm with you.

Go to Wiki Commons. Tons of pix there for free. Photogs think their lousy $1.50 inkjet print is gods gift to mankind.

Photogs should realize their stuff is pretty worthless. The world is polluted with photos.

It's nothing to do with the value or quality of the image, but everything to do with the ownership of it. Just because your car is a beat-up, worn-out, 1974 Lada with three bald tires and a dicky carburetor, and you've left it in the car-park with the keys in it, doesn't mean that I can take it and use it any time I want. The same applies to photographs. Many people labour under the misconception that just because they can see an image [online] they can use it. That is simply not the case.

 

[KmH]

Check out this link:
http://www.photoattorney.com/wp-content/uploads/2013/02/Excuses-excuses.pdf

 

[runnah]

It's one of those gray areas the U.S. still not 100% defined. Would TPF get sued? Probably not. But could they? Yes.

It's like wearing a seat belt. You don't plan on getting in a car crash but you do it just incase.

 

[Overread]

Chances are if any legal challenge were brought we'd likely only have to take the photo down. I suspect also that TPF has in its TC a clause that makes the site owners not liable for individual member actions.

We use the rule though to ensure that there is no ambiguity in what people post; we've a good few members who will post a thread with just a picture and nothing else and on a site like this its assumed to be their own work. Further we use to rule to respect other photographers.

It's really not a great imposition and normally for any new regular member it only takes one or two times for them to get used to it. We don't punish members for it either so no one earns bad marks or anything.

We also try to exercise some form of restraint when users are in the -off topic- section and are clearly posting meme-style photos - ergo content generally accepted to be in public domain; or at least fair game online (believe me there are whole websites setup where users just take other peoples photos - stick a black boarder on them and some text and post it up).