| kempie |
06-28-2018 09:08 PM |
Quote:
Originally Posted by staypuftbr
(Post 2635771)
first- it is complex because we are not talking about selling someone else's picture
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Copyright is not contingent upon commercial usage. It automatically exists upon creation of the image and gives the owner/s exclusive rights in regard of consent for reproduction, adaptation, etc. unless they disclaim or limit such rights and until copyright expires.
Copyright under the Berne Convention must be automatic (it is prohibited to require formal registration) and sets a minimum term of 25 years from the year the photograph was created (countries party to the Convention may set longer terms). If by some stretch posting in this forum fell into "fair use" or the various "fair dealing" provisions such as private study, teaching, research, criticism, review, or news reporting, most jurisdictions would expect an acknowledgement of the original work.
Quote:
Originally Posted by staypuftbr
(Post 2635771)
second- i'm sure you cannot take a picture of a girl on a beach and exploit it commercially without the girl's autorization, so this "copyright" is not entirely yours.
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Copyright and personality rights are not the same thing and unless you are receiving payment to publish on this site I fail to see why you again explicitly reference commercial usage.
Posters can unwittingly post copyright material without owner consent and may choose to knowingly post copyright material without owner consent (even going so far as disguising the material to avoid detection) but we/they certainly have no right to cry foul if said copyright material is subsequently removed. |
