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  1. #1

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    Licensing of orphan images and Flickr's data increase: hmmm...

    'Cows are very fond of being photographed, and, unlike architecture, don't move.' - Oscar Wilde

  2. #2

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    Quote Originally Posted by desertratt View Post
    Another argument for analog.
    Where amateurs are concerned, we've almost come full circle in photography. Except where once one had to be a scientist, today expertise in law and sociology are necessary before pressing the shutter.
    'Cows are very fond of being photographed, and, unlike architecture, don't move.' - Oscar Wilde

  3. #3

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    I am going to conduct my life this way. When I see something while walking down the street if I can't ascertain who owns it within 30 seconds I'm just going to take it.

    My analog work is not on the internet. My digital stuff is watermarked at a stock agency.

  4. #4
    EASmithV's Avatar
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    can someone please summarize for those not legally minded?
    www.EASmithV.com

    "The camera is an instrument that teaches people how to see without a camera."— Dorothea Lange
    http://www.flickr.com/easmithv/
    RIP Kodachrome

  5. #5
    StoneNYC's Avatar
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    So now a © symbol isn't good enough on a photo? We have to "register" it with a company?


    ~Stone | Sent w/ iPhone using Tapatalk
    ~Stone | "...of course, that's just my opinion. I could be wrong." ~Dennis Miller

  6. #6

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    Quote Originally Posted by EASmithV View Post
    can someone please summarize for those not legally minded?
    It's wholesale theft...

    Quote Originally Posted by bjp-online.com
    "What does this mean for the general public? They're stuffed," Ellis tells BJP in an email conversation. "In the way of things, their huge mass of unremarkable images throw up lottery winners that make it onto the front pages of newspapers and news websites, and generate huge value for media organisations. The difference is that lottery winners usually get the winnings. Now owners of lottery-winning images usually won't."

    http://www.bjp-online.com/british-jo...s-royal-assent


    Basically if you have some old long forgotten flickr account that has your images up on the web a company can come by and use them for whatever they want without paying you. Just take what they want.

  7. #7
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    ...and these are the words of that brainiac, Marissa Mayer

    "..…there’s no such thing as Flickr Pro, because today, with cameras as pervasive as they are, there is no such thing really as professional photographers, when there’s everything is professional photographers. Certainly there is varying levels of skills, but we didn’t want to have a Flickr Pro anymore, we wanted everyone to have professional quality photos, space, and sharing.” – Marissa Mayer, Yahoo Event, May 2013"

    Read more at http://petapixel.com/2013/05/21/rip-...GW1fRK8Z4YY.99

  8. #8

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    Quote Originally Posted by StoneNYC View Post
    So now a © symbol isn't good enough on a photo? We have to "register" it with a company?


    ~Stone | Sent w/ iPhone using Tapatalk
    it was never enough stone.
    unless images are REGISTERED with the copyright office
    the creator has no legal leg to stand on, and no lawyer
    will take the case on contingency and no court will hear the case.

    people ( photographers ) thought, by pressing the shutter button,
    all their "work" was automatically copyrighted/protected ... its not
    even if there is the " © " next to the name, and people harvesting know this.

    and unlike what some suggest it costs about 40$, you can
    do a massive registration ( gang registration ) and be good to go.

    if images are on flickr ( or anywhere else ) , and someone takes them and doesn't bother to
    notice or "search" / write to the owner before using them it does not suggest
    the work is "orphaned".

    it just means that anyone with a camera and with images
    can be considered a "pro" but the other edge of the sword is that some-goofball
    who just likes to see his dog wearing a bandanna catching a frizbee in-print
    for some gatorade/pro-feed ad won't know his image is worth 15K$ and will
    say " cool 100$ im ok with that" and not have a clue.

    the best of times, the worst of times.

  9. #9

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    Quote Originally Posted by jnanian View Post
    it was never enough stone.
    unless images are REGISTERED with the copyright office
    the creator has no legal leg to stand on, and no lawyer
    will take the case on contingency and no court will hear the case.
    I don't know about that. I have certainly licensed multiple images in the UK under Rights Managed contracts and I didn't register anything with anyone. I've done some Royalty free stuff under special circumstances as well but that was in a different country.

    So you are saying if you can prove it is your photograph and someone appropriated it for their own commercial purposes you don't have a leg to stand on if you didn't register your copyright?!

    That would mean any commercial processing lab could just look through your negatives and chromes and cherry pick out the ones they like and start licensing them for advertising. I really don't think that's the way it works.

  10. #10

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    register the work or be sorry

    Quote Originally Posted by Noble View Post
    I don't know about that. I have certainly licensed multiple images in the UK under Rights Managed contracts and I didn't register anything with anyone. I've done some Royalty free stuff under special circumstances as well but that was in a different country.

    So you are saying if you can prove it is your photograph and someone appropriated it for their own commercial purposes you don't have a leg to stand on if you didn't register your copyright?!

    That would mean any commercial processing lab could just look through your negatives and chromes and cherry pick out the ones they like and start licensing them for advertising. I really don't think that's the way it works.
    in the USA ...
    if you don't register your work, you are screwed.
    if you take your chromes / negatives
    to a lab and they cherry pick work out of it, keep the chromes and negatives
    and register the copyright themselves, and license usage, and you have no
    idea they did it, yes, you are hosed. MAYBE ... you can somehow prove
    because the rest of the film is exactly the same ... essentially, copyright registration proves ownership.

    if you work for someone, make some photographs and send them "proofs" of the work, and they scan the images
    and tell you they aren't interested in them. you don't register the copyright, and notice down the road that
    the person you sent them to grabbed them and used them without your consent ( and claimed "you just sent them the photographs" )
    ... unless you have the registration you have no legal leg to stand on. YES, in the USA you NEED the registration.
    i was in a similar situation where i worked for a company, and they stole my work.
    i found out the hard-way i had no legal leg to stand on, no lawyer will take the case no judge will hear it ...

    i have no idea what the laws are like outside of the usa ...
    BUT if you are in the USA and made photographs REGISTER THEM.
    gang registration is cheap and worth every one of the 4000 pennies.
    Last edited by jnanian; 05-21-2013 at 08:01 PM. Click to view previous post history.

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