Ameraucana thread for posting pictures and discussing our birds

[hosspak]

So by default photos you take do meet all those conditions - you don't need an explicit notice displayed, and someone taking your picture (without permission) from a location you gave permission to show it (such as BYC) constitutes a 'public display or performance' of your work without your permission (edit: and displaying it on their ebay listing, in this example - didn't specify before that they had to display, but that is what I was talking about). Thus a copyright infringement.

thanks the pretty much PROVES what I said. PUBLIC DOMAIN and posting something are 2 different things. a copyright expires 75 YEARS AFTER THE DEATH OF THE OWNER. then it is public domain and can be used freely by anyone without having to get permission or pay for. the use like a song.

Anyway...... if you post anything on a public forum or on the internet it is not private any longer and you shouldn't expect it to be so. I'm not saying that it's not wrong...but I think you get the idea. If you don't want someone using your images, don't post them and don't be fool enough to think that anyone would stop using it even when asked.

 

[Angelicisi]

It's not private, nothing on the internet is private - ever, but its not free to use a photo that they Did not take as one pleases just because its not private, there is a difference and its against the law, not just wrong.
It's hard to collect money for damages without prior copyright registration but not hard to make them remove your pics. (especially in advertising, that's false advertising if her birds are being represented as their own.) I would make sure all your advertisements are actually what you are selling. Not some random google pic you thought was safe because you can see it...

Here's how to do a take down notice
https://nppa.org/page/5617

Anyway...... if you post anything on a public forum or on the internet it is not private any longer and you shouldn't expect it to be so. I'm not saying that it's not wrong...but I think you get the idea. If you don't want someone using your images, don't post them and don't be fool enough to think that anyone would stop using it even when asked.

 

[sbucciarel]

more detailed response following

 

[sbucciarel]

DISCLAIMER: Not wanting to make this an argument, lol. But only to share true facts and you got my OCD all riled up. The info below was taken from the U.S.Copyright Office;

“Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. [COLOR=FF0000]The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication.[/COLOR] A public performance or display of a work does not of itself constitute publication.” [COLOR=FF0000]Generally, publication occurs on the date on which copies of the work are first distributed to the public.[/COLOR]  
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[/COLOR]
A copyright notice is an identifier placed on copies of the work to inform the world of copyright ownership. The copyright notice generally consists of the symbol or word “copyright (or copr.),” the name of the copyright owner, and the year of first publication, e.g.,

2008 John Doe. While use of a copyright notice was once required as a condition of copyright protection, it is now optional. [COLOR=FF0000]Use of the notice is the responsibility of the copyright owner[/COLOR] and does not require advance permission from, or registration with, the Copyright Office.   

[COLOR=0000FF]*Basically if you don't claim the "above" you can't claim the "below"....[/COLOR]
[COLOR=233640]
[/COLOR]
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. 
[COLOR=233640]
Where is the public domain?[/COLOR][COLOR=233640]
[/COLOR]
The public domain is not a place. [COLOR=FF0000]A work of authorship is in the “public domain” if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection[/COLOR]. [COLOR=FF0000]Works in the public domain may be used freely without the permission of the former copyright owner.[/COLOR]

I'm not trying to cause an argument......only helping people get the true facts.

You apparently do not know the true facts. In my line of business, I'm very familiar with copyrighted materials, both photographic and text and the law regarding both.

Text content and photos are the automatic copyright of the owner of the content and nothing needs to be done to secure that copyright protection. When copyright is infringed upon, it is a very simple matter to get it removed by DMCA notice to hosting company. There are some exceptions made to copyright laws by Fair Use rules, but using someone's photo commercially does not constitute Fair Use. Fair Use is generally reserved for satire, review and educational purposes only.

Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.

Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.

How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See FL 102, Fair Use, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians. http://www.copyright.gov/help/faq/faq-fairuse.html

You are confusing privacy with copyright. Nothing posted on the Internet is private, but that does not matter in matters of copyright. Privacy and copyright are not the same issue. Photos and content posted on the Internet are not private but they most certainly are copyrighted by default

 

[Hangtown Farms]

All I know is if you raise chickens then how hard is it to take your own D@m pictures to post on a auction or sales page

 

[hosspak]

We all know how to find what and where the laws are. But since we all live in the real world lets move on... it's a picture of a chicken! I think we all have more important issues that we should spend our time on. For example, finding a pair of matching socks to wear tomorrow. lol I have read the laws and I really do appreciate the knowledge shared above, but do you people really feel the need to attack someones opinion. Thanks anyway!

 

[Fred's Hens]

Moderation Team:

Time to move on. This thread, as far as I understand it, is not a really about copyright law, etc.

 

[flitter]

Thanks for the reply speckledhen and CCCCHICKEN. Kind of what I thought. I really wanted pure Ameraucanas but got tired of looking for them and ordered these.

 

[CibolaChooks]

Hopefully they were all pure ams, and the ones added in for the winter were just females not males. it's better to stay optimistic than be pessimistic.

Thanks for the reply speckledhen and CCCCHICKEN. Kind of what I thought. I really wanted pure Ameraucanas but got tired of looking for them and ordered these.

 

[ParadiseFoundFarm]

At the risk of some one stealing my pic, I am still posting it here. I said some time back i was so happy with my new cock I got from John Blehm and the color he throws. Unfortunately I have been very busy and could not show you what I meant by that. Full color tails, just as I believe they should be. Just as I have been working for for a long time. So I was inoculating and I said "Hunny, Please go grab the camera a take a couple of shots of these birds." I'm just so happy with these results!
Wheaton:

BW:


Denise, Paradise Found