Mark090852

100% correct. Plus, unless you copyrighted the picture, once you posted it on a public forum it became part of the public domain. It might be considered rude of him to use it without identifying it as yours, but illegal, nope, actionable, nope. Don't waste your time sweating the small stuff.

bimmer722

So you mean to tell me that if a professional photographer took a picture he took and posted it on a public forum and someone else took that picture and was using it in an ad without his permission its not illegal nor actionable??? I'm no lawyer but this def cannot be legal. You're wrong on this one. Anyone else more verse on this want to chime in???

I Just pulled this from Wikipedia....

"Registration is not required for copyright itself, but in most cases is a jurisdictional requirement to bring the suit. Registration is also useful because it gives rise to the presumption of a valid copyright, and eliminates the innocent infringement defense, and (if timely made) it allows the plaintiff to elect statutory damages, and to be eligible for a possible award of attorney fees."

mrfva

Just sent the eBay seller my friendly note

CWS530

I don't know the law on this, but I wouldn't be too quick to dismiss what juris335 has to say. I'm no Sherlock Holmes, but I suspect with a handle like that, he may know what he's talking about more than the average layperson. .02. Good luck finding a resolution.

mikeg3tsguap

he just got a nice little note from me too

bimmer722

I can understand and have seen where if you send a picture to a site they have a disclaimer stating that it becomes property of that site hence your giving up your right to ownership. The ONLY place I posted this picture was on here. I did not send him the picture. SO as to where he got it from the source started here and not from me.

I'm not looking to sue anybody or anything like that as I stated in a prior thread. Had he not been a real D*ck about it I would not have made it an issue but when your calling me a liar and that the picture is yours I have a problem with that. I am the owner of these pictures and he is using them without my permission.

Laws are also different depending in what states you live in but with copyrights its a federal law so what ever juris335 stated may or may not hold in NY. Once again I am not a lawyer and until somebody proves me wrong I believe I'm correct on this one as stated here from photo law.net....

"

Q. Who owns the copyright?

A. Generally, the person who creates a work is the owner of the copyright. Thus, independent artists, photographers and writers own the copyrights to their works. The only exceptions to this rule occur when a work is created by an employee as part of his or her job duties or when a work is created under a written ?work-for-hire? agreement.

For example, free-lance photographers own the copyrights to the images that they allow to newspapers or magazines to publish. However, absent an agreement that provides otherwise, a newspaper or magazine will own the copyright to all works that their staff journalists and photographers create as part of their job responsibilities. The same is true for art directors working in advertising agencies. The only way that the copyright could belong to the creator in these situations is if there is an assignment of the copyright. Of course, any stories, photographs or artwork created by employees on their own time, would belong to the authors of the works. "

CWS530

I totally see your point and am on your side 100%. It's the principle of the thing + the guy is being an @$$ on top of that? It's just wrong, plain and simple. I would feel exactly as you do. Had he been apologetic and then asked nicely, I would have said have at it, most likely. (It is a great pic btw, so I can see how someone would want to use it as an example, but that's not the point). All I was saying is that juris335 most likely is a lawyer, albeit from another state, and it may be worth a PM to see what he has to say. Seriously, best of luck in getting satisfaction my e60 friend.

bimmer722

No problems here my friend We can all learn something here as I am not the only person who post pictures on here or other websites. So as someone else stated I don't feel I'm wasting my time. Knowledge is power for all of us

Eugene134

+1

Iceman

When a picture is posted on the web it is NOT free!

The photographer STILL has the copyright!




Copyright is the RIGHT to COPY!
When you post the picture on a public forum you do this because YOU as the photographer have the right to do so.
You make it public, but you DON'T give up the COPYright just by making the picture visible to the general public!



To make this very clear:
About 90% of the pictures posted here in our forum are ILLEGAL, because the poster DOES NOT have the copyright!



An example you guys might remember:
There was a website where ALL BMW wheels ever made were shown, and the correct name was given as well as for what model those wheels were made.
The pics were removed from the website by the site-owner after BMW found out about it and made clear that they will sue him if he doesn't take the pics off the website.
The pics were NOT marked with a copyright symbo? or in any other way!

Now, lets say you go to your BMW dealer and take a brochure about the E60 with you.
You now scan it and then post the pictures on this forum.
You don't have the right to do this, even though the brochure was given to the public.
OK, I admitt that on every such brochure there is a hidden copyright text all the way in the back.
But even if not, you have just copied it, and for that you need permission by the photographer, or the person who has the copyright.
You are only allowed to use such pics for PRIVATE use ONLY!
If yo decide to post them on a public forum it is beyond PRIVATE use and illegal.
It's the same with nav discs or music CD's or DVD's...


The laws are clear!
You are NOT giving up the copyright when you post a pic on a public website!!
You still have the copyright!!!