I put this here, didn't know where most of us would see it. Sorry, no photo.
Here is what I’m referring to, a post Margaret put up under : Willy Wagtail and friend, on Fr. 27/07/2012, when she posted a photo of a Hummingbird. After I asked a few questions, I got some answers I didn’t want to hear.
I quote Margaret:
Quote: yes that's a bird in my backyard and that's a willy wagtail that he hangs out with yes that may be a ruby throated hummingbird in my backyard
sorry Araminta, just being silly, that hummingbird photo is from fb end of quote.
Now that I have finished laughing about this post, mind you I never really did, I have decided to say what I should have said in the first place.
This post raises a few concerns and important questions. Who’s photo is this? If it was taken from facebook, was there a copyright on it? Did the person give permission to use his/her photo?
I don’t believe it is right to take someone’s photo from anywhere, post it somewhere else, claiming it was taken in your backyard. If I wouldn’t have questioned this, no one would have known.
Does this person that owns the photo know ? (still hope I’m wrong and the owner of the Hummingbird photo knows his photo was taken and published on BIBY?)
I'm interested in your responses, Marie-Louise
The forum rules were in the announcement/help section in the old forum and the post is still there but it seems to be locked now.
Holly put it up after a previous forum member posted someone else's photo without acknowledgement (and said everything on his computer was his own property!).
Information about copyright can be found on the Australian Copyright Council web site. There are a number of useful booklets:
http://www.copyright.org.au/find-an-answer/
'Key points
• Copyright protection is free and applies automatically when material is created.
• There is NO registration system for copyright in Australia.
• Copyright does not protect ideas, information, styles or techniques.
• Copyright does not protect names, titles or slogans.
• There are no general exemptions from copyright law for non-profit organisations.
• There are some situations where copyright law allows people to use copyright material without
permission for their own personal use, but these are narrow and specific.
• Australian copyright law applies to actions that take place in Australia, even if the material used
was created or first published in another country.
Copyright protects:
artistic works such as paintings, drawings, cartoons, sculpture, craft work, architectural plans,
buildings, photographs, maps and plans;'
copied from:
General
http://www.copyright.org.au/find-an-answer/
Thank you Kim.I hope everyone will read this.
M-L
I believe I posted the first hummingbird shots or at least the video, but it gave due credit and so did I to the owner of the video and his website.
The rule of this forum is basically that you do not post a photo that is not yours.... at least in this section anyway. If you are referring people to anything then the credit should always be given and the permission of the owner would be a prerequisite.
Sunshine Coast Queensland
I fully agree to what you all are saying, But I have always been told that photos put up on Facebook pretty much belong to Facebook or anyone on Facebook for them to use as they wish. I will stand corrected on this but it is what I have believed and the reason I don't use FB. If you aren't sure than the person who took the photo should be given due credit. While on this subject can anyone copy our photos submitted here on this Forum to use as they wish rightfully or wrongly, because there has been and will be some cracking photos taken by our members and it would be a shame to have their work used for someone elses gain without permission. There was an article written by a pro photographer on the Luminous Landscape web site and the battle that he had with copyright and the laws seemed to be very weak in this regard, although it was in the USA I am not sure how strong AUS's version of copyright law is, in comparison. Thanks for bringing this up M-L as it needed to be aired.
Regards
Shane
Taking anyone's photo from BIBY , or from anywhere, is easier than counting to three. Just right click on the photo and you can do with it what you want. It's braking the copyright laws though.Watermarks and anything like it, are easy to remove. You can e-mail it to yourself and bingo.
About the copyrights, you should read what Kim as put up, that explains very well what rights you have and that you own your property as well . Click onto www.copyright.org.au/find-an-answer/ all the answers are there.
(just one example. One of my son's friends discovered someone's photo by chance, while on holidays in the US. It was used in advertising. As this was a huge and famous company, he sued them, it went to court and the owner of the photo won. A large amount of money.)
M-L
Australian Copyright law does give protection if it goes to court , but of course it cannot prevent someone from downloading as M-L says. I still feel the best protection for someone is to only post low res versions as there is then a limited amount that others can do with the imaage for any commercial purposes. As far as facebook goes...who knows Shane??
I have all my photos up there, but honestly they are so pathetic in the quality that they are virtually useless for anyone to use except to repost on a similar site. I dont get too paranoid about facebook like some people do . I want my friends and family around the world to share our beautiful images of a country that is so diverse. Again , it comes down to personal preference and whether you are using it as your living.
Of course in the digital era, copyright is a serious issue and on forums such as this we expect people to respect it and to show common courtesy. If it goes to court, the owner of the photo will win if their permission has not been sought. Many people unfortunately just assume that if it is on the net, then it is up for grabs
Sunshine Coast Queensland
Thanks M-L and Birdie, yes I did read the posts and the law looks clear, but the law is never quite so clear and it is a shame that to get any of the laws to work for you in this regard involves considerable expense with Court action etc. Then you are confronted with the decision of how much value is placed on your photo and how far you are pepared to go to see the law enacted. This I think, is where some get away with it as they can't be bothered or can't afford the costs of sueing someone. I do understand why some people or for that matter a lot of people use FB especially keeping in contact with people abroad but I would rather use the alternatives instead of supporting the FB principles. But everyone has their rightful opinions and chooses their actions, so I would certainly not expect anyone to think my way is right or wrong or theirs either. But it has been interesting comment so far and informative.
Regards
Shane
I don't know anything about what's legal regarding this, but I know what is morally right and wrong. If I was to ever use someone else's pic I would acknowledge the owner, or state that is not my pic if I didn't know who owned it. I wouldn't take credit for someone else's work. To me, its that simple. If someone used my photo (and its happened) its because I've posted it in a public place and there are a lot of folk out there who consider that fair game. That's their choice, but its not mine.
Karen
Brisbane southside.
Thanks Karen, I'm glad you brought up the point of "public place",
Many people believe that is the case. I would use a different example to illustrate this.
Copyright is like the key you lock your car with, if you park your car in a “public place”, does that mean anyone can feel free to take it? Everyone will say, no, it’s my car , I locked it with my key. Same applies with copyright.
(sorry, my simple way of explaining copyright. My husband knows a copyright barrister, he would have a good laugh about it.)
M-L
M-L Your Barrister friend would like the way you have explained the principles of copyright and Karen it is a shame that other people aren't as honest as you are. I believe our forum is full of honest people and I hope it stays that way. Honesty is a Virtue that is being forgotten about more and more these days.
Regards
Shane
Hey. Birdo's
I think that you have made your point! Just reading all of this makes me feel like a sparrow in a bare thorny bush with no where to go, with a grey goshawk sitting in the tree above waiting for my next move.
Dazza
See it! Hear it!
Mid-North Coast NSW