Quote:
Originally Posted by Toronaga
Charlie, I'm curious if you should be tagging these pics with "photo/scan by". If every single pic you post is taken by you, then sure, it's fine (and they may well be, I've not looked at all your pics). I'm a photographer and I watermark every single pic I take. If however you are mixing in photos you took with photos you scanned, you could be asking for problems. In the US, the photographer automatically has all rights to the picture unless a release is signed giving you those rights. The "photo/scan" tag is pretty broad and if it is on a pic that you did not personally take but only scanned, it could cause you legal problems. Photography has paid my way in this world and I'm proud of my skills as a photographer. Despite what most people think, not everyone can do it. If I came across a picture that I know I took and someone else watermarked it as theirs and was making money from it, I would give their info to my attorney. He lives for stuff like that. If it was on a little site like this and no money was being made by the guy, I doubt I would mess with it, but rest assured, there are enough pricks in the world that would. Didn't mean to be an ass by posting this; you seem like a great guy and I just thought I would throw out my 2 cents if it might save you some headaches.  |
Toronaga, I don't consider you "...an ass..." for your input. I respect and digest all post, replies, input, and concerns, and appreciate your 2¢. To address your concerns, I've acknowledged several times on this site that these are my pics. Even in the post that you replied to I said "... my stuff." and "...I've got tens of thousands of original pics on various subjects.", and "...my pics.", and "...I started tagging my pics ...", and "...tagging my pics with...", and "...posted on OneClickChicks.com...".
While your concerns are legit, so are mine, even more so. The "/" in "Photo/Scan", while it may be considered broad by some, is legally interpreted to mean 'and' or 'or', or 'both'. In the case of my 'film' photos, they are my photos 'and' I scanned them. In the case of my digital photos, they're simply my photos.
Some people don't like the 'watermarks' or 'tags', they're actually banned by this site unless posted by the 'owner' of the pics. In reality, I'm doing the 'downloader' a favor if he wants to post them elsewhere(i.e. 'Flickr'). The 'downloader' can use the "Posted@OneClickChicks.com" to demonstrate that he obtained them legally, posted by the owner on a free site. It's the 'downloader/reposter's' firewall. Whereas, if a 'downloader/reposter' should happen to post a picture here or elsewhere that has been cropped to remove the tag, he could find himself/herself in deep doo-doo. That's why/how Alex has absolved himself of all responsibility here. Otherwise he could find himself in violation of the propogation of copyrighted material. He and the moderators remove all watermarked pics. Any 'cropped' pictures that are posted become the responsibility of the poster. To their credit, some people(i.e. 'Klondike') add a comment like "Found these on the Flickr" to their post. As long as they maintain their links and the pictures remain on the linked site, they've shifted the legal responsibility.
I'm not a lawyer and don't claim to know about all issues regarding copyright. But I do retain a lawyer and take issue with your comment, "In the US, the photographer automatically has all rights...". If I were you("I'm a photographer..."), I think I would revisit this issue with your lawyer in regards to "expectation of privacy", "contracted photography", and "model releases". In regards to "expectation of privacy" many people here could find themselves in court for 'upskirt' and 'downblouse' pictures. The photographer could face legal issues for invasion of privacy and has no legal right to those pictures. If someone simply flashes for you, they may still have an expectation of privacy. That's why in most of my series of pictures(i.e. the one you replied to) I've always got a picture or two, even if it's not posted(I don't ever post them all) that either shows other people in the background or forefront. The subjects have 'no expectations of privacy'. In regards to "contracted photography", if someone pays the photographer to take the pictures, the payer owns the rights to the pictures, not the photographer. In regards to "model releases", even if the photographer pays a model to pose, he needs a "model release" acknowledging ownership and rights to 'distribution'. The 'rights to distribution' is key. It's possible to 'own' the pictures and not have the 'rights to distribution'.
I'm an amateur photographer even though I've been doing it for close to 50 years. I started out taking pictures of car wrecks and such and submitting them to the local newspapers, LOL. Again, I appreciate your concerns and I HOPE I've got all my bases covered.