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Author Topic: Legal advice about posting copyrighted images  (Read 388 times)

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greybeard

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Legal advice about posting copyrighted images
« on: February 14, 2020, 09:40:29 AM »

Hi gents,

I had scanned a photo from a book of mine to post here, as significant representation of the historical basis of a mod I made.

But that photo is copyrighted, as it is all the content of that book: on one of its first pages there's a warning to neither reproduce nor distribute by any means the content or any part of it. :-X

I did a quick search on the Internet, finding as common answer to all these kind of questions ("may I post...?"): NO! CEASE AND DESIST! (DMCA infringement).

But I found also a "fair use" possible: so I wonder: "is it legal to post here a copyrighted image ?".

Thanks for any comment (especially from lawyers).
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vpmedia

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Re: Legal advice about posting copyrighted images
« Reply #1 on: February 14, 2020, 11:27:22 AM »

If you're not making money with copyrighted material it would cost more to prosecute you than the fine you would have to pay. If you cause serious monetary damage then you got something to worry about. When youre in front of the judge he will decide your faith based on how much danger you pose to the society, if your actions are harmless you got nothing to worry about.

Not to mention that there is no large wordwide image copyright agency which would scan the internet for stolen material. :)
You need to pay a company which does media monitoring/infringement surveillance of copyrights. A small publishing company can not afford to do that.

Orge Schwab

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Re: Legal advice about posting copyrighted images
« Reply #2 on: February 14, 2020, 11:50:19 AM »

FWIW, my understanding is that an aggrieved party has first to instruct a lawyer to issue a 'cease and desist' notice - to give fair warning that your activity has been noticed and is in infringement of claimed copyright. The point being that you may quite innocently, or ignorantly, have posted an image with no intention of making money from it, so you have to be given the chance to voluntarily desist before legal enforcement notices are issued. If that were not the case every innocent use of an image could immediately invoke a fine - and that would make the law 'draconian'. Until such notice is received - it's fair to assume no harm has been done. This gives both the copyright holder and the offender an economical means of avoiding expensive legal action, so it works well for all parties.
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sniperton

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Re: Legal advice about posting copyrighted images
« Reply #3 on: February 14, 2020, 11:58:32 AM »

I wouldn't hesitate to post (the reproduction of the reproduction of) a photo as a historical reference taken from a book that you own.

This is pretty much what we call corroborating a research with some evidence at your disposal. You haven't stolen that photo, you don't include it a book or CD that you sell for money.

As long as you don't use it as part of some commercial product, it's safe to go, I guess, although I'm no lawyer and I don't know the laws of the country you live in.

BTW, does the book credit that photo to someone? I'm pretty sure the publishing house itself is no owner of the rights, they were just licencing it for that publication, hence the restriction that you quoted.

If someone is credited with the photo (person, estate, or agency), give him/them credit too, if no-one is credited, refer to the book as your source. That's generally considered fair use for educational or scholarly purposes.
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Gubi

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Re: Legal advice about posting copyrighted images
« Reply #4 on: February 14, 2020, 12:40:27 PM »

Agreed Sniperton.  Prost
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LuseKofte

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Re: Legal advice about posting copyrighted images
« Reply #5 on: February 14, 2020, 05:14:27 PM »

I always credit pictures that is not mine. If I know the man owning it I always ask like dive pictures from wrecks I dived in and shared here.
The issue to share things in a site that is copyrighted or violating international law
Can be a problem for site owners.
But when it comes to non profit sites like this this would be a very little risk
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SAS~Storebror

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Re: Legal advice about posting copyrighted images
« Reply #6 on: February 15, 2020, 12:25:49 AM »

A single picture for research, information or education is okay and it's covered by the "fair use" policy in the U.S. and by permitted copyright limitations in the EU, which is the two threats we'd be going to face.
Refer to the book source and you/we will be fine.

If you're not
It's not you who gets shot for this, it'll be the SAS, in person Piet, to a certain extent Eugene and me (because I'm a EU citizen - lawyers would strike where there's the most to get).

Not to mention that there is no large wordwide image copyright agency which would scan the internet for stolen material. :)
You need to pay a company which does media monitoring/infringement surveillance of copyrights. A small publishing company can not afford to do that.
https://services.tineye.com/TinEyeAlerts#pricing
What the small publishing company does is to address a copyright lawyer who's got an account there (or somewhere similar).
Since each of his clients wants to monitor a handful of images only, the lawyer can split the cost so that it's just a hundred bucks per year, per client.
Quite affordable and yes, companies do that kind of business on behalf of their lawyers.

Until such notice is received - it's fair to assume no harm has been done.
You have to understand that the lawyers will not attack the poster of such pictures, they'll get hold of SAS instead.
The first notice would go to our hoster.
He'd immediately shutdown our site and send the contact information to the lawyers, simply to get out of the tight spot himself, just in case.
The 2nd notice would go to Piet or me then.
We may or may not manage to settle that case in due time then, but we'd be out of business for a couple of weeks at least.

The issue to share things in a site that is copyrighted or violating international law
Can be a problem for site owners.
This.

But again, a single picture for research, information or education is okay.
Just refer to the book source.

]cheers[
Mike
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greybeard

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Re: Legal advice about posting copyrighted images
« Reply #7 on: February 15, 2020, 01:18:10 AM »

Thank you all, sirs, for your comments, opinions and neat guidelines on this matter.

I'm going to post the picture, already credited to its author, mentioning the book source.
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LuseKofte

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Re: Legal advice about posting copyrighted images
« Reply #8 on: February 15, 2020, 04:36:23 AM »

It is often a long term issue that make copyright lawsuits. Suddenly copyright holders want to say enough is enough.
In that perspective you never really know what trigger situations like that.
But it is always commercial use of others property. Sites like this , a non profit site are more
Depending in be taken seriously, Great battles site is more a commercial site and likely to end up in copyright issues.
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Koty

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Re: Legal advice about posting copyrighted images
« Reply #9 on: February 15, 2020, 05:00:02 AM »

Even scanning quotes from the book (as long as proper sourcing is given) should be fine (companies on the internet tend to not follow basic ethics and jump at every opportunity to make money; youtube's copyright-system abuse is perfect example), it's on the level of literally just making a quote. Just don't go scanning the whole book, that's piracy.
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