Pictures stolen from Zenmotorsports
01-07-2009, 01:48 PM
#31
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Originally Posted by bimmer722' post='761925' date='Jan 7 2009, 09:21 PM
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.
...
...
This is partly correct...
It is a little different than you think it is when reading it...
You post it on a site with that disclaimer and the pic automatically becomes part of the site - they now have the right to display it.
If they wouldn't have that disclaimer they would need permission for every single picture posted, because it is their site, not yours.
This disclaimer is just making things easier for them!
This does not mean that anybody else has the right to take that picture from that site!
Got it?
01-07-2009, 04:10 PM
#32
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Originally Posted by Iceman' post='762077' date='Jan 7 2009, 05:48 PM
This is partly correct...
It is a little different than you think it is when reading it...
You post it on a site with that disclaimer and the pic automatically becomes part of the site - they now have the right to display it.
If they wouldn't have that disclaimer they would need permission for every single picture posted, because it is their site, not yours.
This disclaimer is just making things easier for them!
This does not mean that anybody else has the right to take that picture from that site!
Got it?
It is a little different than you think it is when reading it...
You post it on a site with that disclaimer and the pic automatically becomes part of the site - they now have the right to display it.
If they wouldn't have that disclaimer they would need permission for every single picture posted, because it is their site, not yours.
This disclaimer is just making things easier for them!
This does not mean that anybody else has the right to take that picture from that site!
Got it?
Got it...thanks for the claification Iceman.
01-07-2009, 05:22 PM
#33
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This is crap. I actually ordered something from this seller once and it was a nightmare. I'm going to send them a nice note too. I'm good at that.
01-07-2009, 05:54 PM
#34
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Good discussion! There are Federal case citations supporting every single opinion given above. In the abstract (setting aside any site disclaimers or TOS), if a photo of an inanimate object is posted into the public domain, it either has automatic copyright protection or it doesn't. If it does, then the fair use doctrine may allow its use - as in this case; if it doesn't have copyright protection, then public use is legal. Fair use applies only to copyrighted works, describing conditions under which copyrighted material may be used without permission. If a work is not copyrighted, fair use does not come into play, since public-domain works can legally be used for any purpose. In some countries (including the United States of America), the mere creation of a work establishes copyright over it, and there is no legal requirement to register or declare copyright ownership. The US Courts interpret the US Code using a 4-pronged test. IMHO the use of this photo, (as used here in this discussion), without specific permission, is not actionable. Is the guy who used it a jerk? Was it inappropriate for him to use it? Should he have asked for permission? These are all separate discussions from whether this use would result in a Plaintiff's verdict under Federal law.
01-07-2009, 06:32 PM
#35
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Originally Posted by juris335' post='762267' date='Jan 7 2009, 09:54 PM
Good discussion! There are Federal case citations supporting every single opinion given above. In the abstract (setting aside any site disclaimers or TOS), if a photo of an inanimate object is posted into the public domain, it either has automatic copyright protection or it doesn't. If it does, then the fair use doctrine may allow its use - as in this case; if it doesn't have copyright protection, then public use is legal. Fair use applies only to copyrighted works, describing conditions under which copyrighted material may be used without permission. If a work is not copyrighted, fair use does not come into play, since public-domain works can legally be used for any purpose. In some countries (including the United States of America), the mere creation of a work establishes copyright over it, and there is no legal requirement to register or declare copyright ownership. The US Courts interpret the US Code using a 4-pronged test. IMHO the use of this photo, (as used here in this discussion), without specific permission, is not actionable. Is the guy who used it a jerk? Was it inappropriate for him to use it? Should he have asked for permission? These are all separate discussions from whether this use would result in a Plaintiff's verdict under Federal law.
Hmmm...interesting
So my question to you is when would there be an instant that an original piece of work by the original author not automatically copyright protected which would allow public use legal? I was under the impression that who ever created it owned the rights to it and so it would always fall under automatic copyright protection for the owner aside from disclaimers and all that TOS.
01-08-2009, 07:58 AM
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just get a few bucks from this ebay butthead and be done with it.. grrrrrrr... hes getting bombarded with e60 members hell cave entually or just remove the ad... a few bucks for a small mod would be nice out of all the aggravation
01-08-2009, 01:22 PM
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Originally Posted by bimmer722' post='762292' date='Jan 8 2009, 04:32 AM
...
I was under the impression that who ever created it owned the rights to it
...
I was under the impression that who ever created it owned the rights to it
...
That's correct, worldwide.
01-08-2009, 05:48 PM
#38
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Originally Posted by bimmer722' post='762292' date='Jan 7 2009, 10:32 PM
Hmmm...interesting So my question to you is when would there be an instant that an original piece of work by the original author not automatically copyright protected which would allow public use legal? I was under the impression that who ever created it owned the rights to it and so it would always fall under automatic copyright protection for the owner aside from disclaimers and all that TOS.
So my question to you is when would there be an instant that an original piece of work by the original author not automatically copyright protected which would allow public use legal? I was under the impression that who ever created it owned the rights to it and so it would always fall under automatic copyright protection for the owner aside from disclaimers and all that TOS.
01-09-2009, 11:01 AM
#39
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Originally Posted by juris335' post='763214' date='Jan 9 2009, 03:48 AM
Bimmer - I sure wish you success but there is no single answer (like Iceman claims) that fits all situations. ...
Actually it is that simple as I said.
The problem is that all cases ar handled different, because lawyers are different and the one lawyer is good and wins against a bad lawyer, now you have a won case that can be used by all other lawyers.
The basic thing behind it is as simple as I said.
The lawyers and judges handle things different based on different strategies and different arguments.
If someone wins a case it doesn't mean he is right!
He won, but maybe just because his lawyer was better.
But this one case can now be chosen in other cases...
So, the law itself IS as simple as I said.
You now just need to find a lawyer that is good enough to win the case.
01-09-2009, 04:19 PM
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Is there any way I can retract the pics of my trickle charger? 
Just kidding, this is an interesting thread, with a scope well beyond E60s.
Just kidding, this is an interesting thread, with a scope well beyond E60s.
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