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Other Peoples Pictures

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Pillar of the Community
Canada
2781 Posts
 Posted 07/09/2012  2:45 pm  Show Profile   Bookmark this reply Add Wade to your friends list

Quote:
And you'd have absolutely no right to be.


just because you or anyone else would not be in ticked off in that situation doesn't mean I "absolutely have no right to be".

i have a right to be ticked off at smiling babies if I want to. not saying it would make sense, but PLEASE don't tell me my rights.

if you had a show car and someone took a picture & published it in a calendar without your permission you wouldn't be ticked off? maybe part of you would be proud that they felt your car was worthy, maybe part of you would think, hey it wouldve been nice if they asked first, or at least put a note on the bottom of the photo saying "scuba's car"

either way, if what they did was legal or not, would you have the right to be ticked off?

um.... me thinks yes
Pillar of the Community
Canada
695 Posts
 Posted 07/09/2012  2:48 pm  Show Profile   Bookmark this reply Add middross to your friends list
^lol

Smiling babies........they make me ticked off sometimes.
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United States
1353 Posts
 Posted 07/09/2012  3:16 pm  Show Profile   Bookmark this reply Add bosox to your friends list
I have many coin photos on my website. On the website I clearly assert my copyright over the photos. Except for the fair use (fair dealing in Canada) exceptions that SPP mentioned, you can't use the photos without my permission. Even if I didn't assert the copyright in writing, you still could not use them.

I am no lawyer, but JMHO after doing the research and publishing for the past few years. All of the external photos I used in my books had the permission of the owners, many of which required the payment of money.
http://www.victoriancent.com

2011 & 2025 Fred Bowman Literary Award Winner, 2020 J. Douglas Ferguson Award Winner, & 2022 Paul Fiocca Award Winner. Life Member of RCNA.
Edited by bosox
07/09/2012 3:35 pm
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United States
1353 Posts
 Posted 07/09/2012  3:48 pm  Show Profile   Bookmark this reply Add bosox to your friends list
This subject came up on another forum. Here is a post I made there, which may help here. The discussion applies specifically to my books, but the same concepts hold for the internet.



I hope this helps the discussion. Copyright law is a simple concept that, in my opinion, the governments have made complicated. In general if you don't publish others' intellectual property (writings, photographs, die numbers, etc.) without permission for a statuatory period of time, then you are fine.

In my books, my use of materials fall into several different categories.

Public Domain - For example, I used information from the Encyclopaedia Britannica of 1853. I cited the material source in my books, but needed no permission to use it because the copyrights had expired and it was now in the public domain. Even when it is off copyright, it is important to cite the source (to not do so probably is plagiarism). In the U. S., I think anything published before 1923 is now in the public domain.


Fair Use (called Fair Dealing in Canada) - I used short exerpts of other people's works for either criticism, comment, scholarship, or research. This is allowable without permission of the author under Fair Use. Here is a better definition of Fair Use:

http://www.law.cornell.edu/uscode/text/17/107


I obtained permission - In several areas of my books, I sought out and received written permission to use other's intellectual property. In several instances I had to pay for the permission. In some cases they gave it freely.


Crown Copyright - The U. K. and some commonwealth governmental information is under Crown Copyright. Usually you can get permission to use material under Crown Copyright, but you almost always have to pay for it. For example in my Volume I, the photograph of Thomas Graham and the Provincial cent die records are both under Crown Copyright. I paid to use images of both. It was not inexpensive. It is my understanding that Crown Copyright does not expire, unless the Crown decides to take it off copyright. In the U.S., there is no Crown Copyright, or equivalent. U. S. government records are in the public domain as soon as they are created.


All three of my books are registered with U. S. copyright office. For some reason Volume II hasn't made it into their data base yet, but I have the returned copyright certificate from them. For example, if you paste the link below into your browser, then type Dies & Diadems in as the title, you will see the Copyright Office database information for Dies & Diadems. You will see that the text, the pictures, and the die numbering system are under the copyright.

http://cocatalog.loc.gov

If you deal with the U. S. Copyright Office, you will find that it takes up to two years after submission to receive written confirmation of your copyright. Your copyright legally begins as soon as you put your work on paper (that is to say, even before you submit it to them).


The basics of U. S. copyright law can be found here:

http://www.copyright.gov/circs/circ01.pdf

The answer to Roger's question is probably that it is work for hire, as discussed on page 2 of the link above.


Length of copyright is a tricky subject because the laws have changed over the years. Specific information on U. S. duration of copyright can be found here:

http://www.copyright.gov/circs/circ15a.pdf

My copyrights should be valid until 70 years after I die.

Here are a list of the countries that have signed on to the international treaties to enforce foreign copyrights:

http://www.copyright.gov/circs/circ38a.pdf
http://www.victoriancent.com

2011 & 2025 Fred Bowman Literary Award Winner, 2020 J. Douglas Ferguson Award Winner, & 2022 Paul Fiocca Award Winner. Life Member of RCNA.
Edited by bosox
07/09/2012 3:50 pm
Valued Member
Canada
287 Posts
 Posted 07/09/2012  4:06 pm  Show Profile   Bookmark this reply Add twoplustwo to your friends list
I take the time to take good pictures for my auctions on ebay, and some yahoo comes along and uses my pictures for his auctions. I reported his listings twice to ebay (it's against their policy to use other people's pictures). His listings have since sold, and of course no action by ebay.
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Canada
10463 Posts
 Posted 07/09/2012  4:17 pm  Show Profile   Check SPP-Ottawa's eBay Listings Bookmark this reply Add SPP-Ottawa to your friends list
Have you thought of using a watermark twoplustwo?
"Discovery follows discovery, each both raising and answering questions, each ending a long search, and each providing the new instruments for a new search." -- J. Robert Oppenheimer

Content of this post is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License. See: http://creativecommons.org/licenses...0/deed.en_US

My eBay store
Valued Member
Canada
287 Posts
 Posted 07/09/2012  5:02 pm  Show Profile   Bookmark this reply Add twoplustwo to your friends list

Quote:
Have you thought of using a watermark twoplustwo?


Yes, but they're pretty useless unless the watermark is superimposed on the coin itself, and this in my opinion distracts too much from the beauty of the coin I'm trying to sell.

If you place a watermark outside of the coin, all the "thief" needs to do is copy/paste the picture of the coin itself into a different file, and voila, no more watermark.
Valued Member
Canada
94 Posts
 Posted 07/10/2012  1:18 pm  Show Profile   Bookmark this reply Add cbu to your friends list
I've come across a few situations about pictures...

1) Others using my pictures to sell their coins on ebay...

*Really not concerned about the use of my pictures in this case ... as such listings are not my responsibility, as I am not the seller...

2) Someone using my picture to present-their-point-of-view to fellow hobbyists in a bi-weekly coin publication...

*Really not concerned about the use of my pictures in this case ... as such things are done to further the hobby, in my opinion...

3) Pierre Charest utilizing my pictures within the pages of his publication...

* Really not concerned about the use of my pictures in this case ... as he has my written permission to do so...

4) I did utilize pictures of the Pittman-type 10ยข dot that were posted on the internet, to present my observations to fellow hobbyists...

* The exercise was done on a coin-chat-forum and the results from such were as I believed they would be ... I ask others to spot the differences, showed the obverse of the coins first and participation was brisk ... then I showed the reverse of the coins and the participation dropped-off...

There are occasions when we cannot provide our own pictures of a given subject ... don't have an example of the coin, don't have the means to take a picture, picture taking skills need improving, etc...

I know I am unable to own an example of every-coin that exists...

I know I've blown-up more than one electronic usb microscope with my only-to-great-special-modifications : ) and worn-out more than one scanner along-the-way, which leaves me without, until I can replace same...

And I certainly remember well, all the poking-of-fun that others enjoyed at my expense over my picture taking skills ... when I was just beginning to learn about such things : )...

These coin-chat-forums are a good example of occasion to utilize the pictures of others, in my opinion ... as they are specifically for the purpose to further the hobby as a whole...

The very act of providing a "link" to somewhere today is helpful for the short-term, but the "link" may not always be there tomorrow ( ebay especially), which does not always make it helpful for the long-term ...

I for one to be counted ... would much prefer that my fellow hobbyists utilize my actual pictures, to assist them in presenting-their-views to be made...

dts...

"Don't judge me by my past, I don't live there anymore"-cds

change-1 >> Line spacing correction...
Edited by cbu
07/10/2012 1:23 pm
Pillar of the Community
United States
7840 Posts
 Posted 07/10/2012  2:06 pm  Show Profile   Bookmark this reply Add oih82w8 to your friends list
I ask permission from the originating source before using their images. There are occasions that I did not get a response and I posted the source below the images. I have not had one person say "no" yet. I even ask for the uploaded images (from photobcket or other sites) from coins that I win on ebay.
Edited by oih82w8
07/10/2012 2:06 pm
Pillar of the Community
3352 Posts
 Posted 07/10/2012  6:44 pm  Show Profile   Bookmark this reply Add stevex6 to your friends list
Phew!! => luckily most of my photos really suck, so I don't have to worry about getting mad ...


=> but smiling babies ... oh man, they really do look a bit too smug in their little smiley-faces, don't they!!




... thanks for that chuckle
New Member
Canada
8 Posts
 Posted 07/11/2012  11:00 am  Show Profile   Bookmark this reply Add snaggle to your friends list
As a photographer I expect to be asked to use my photos and the possibility of financial compensation depending on the intended use.

As for people wanting to shoot photos of your coin, in the stock photo business there is actual a form called a property release that is required to use specific items, ie, if I was to use a model car in a photo shoot I need a release from the manufacture, but I used 10 model cars made by different manufactures I don't need a release.
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Canada
10463 Posts
 Posted 07/11/2012  11:30 am  Show Profile   Check SPP-Ottawa's eBay Listings Bookmark this reply Add SPP-Ottawa to your friends list

Quote:
As a photographer I expect to be asked to use my photos and the possibility of financial compensation depending on the intended use.


You have to be careful with this, especially if you are photographing coins that the Royal Canadian Mint holds the copyright to.

http://www.mint.ca/store/mint/about...erty-1800010

That said, what we are creating is classified as "derivative works". We are, in essence, copying what the engravers and the Royal Canadian Mint hold the copyright to. We can take all the photos you want, of their "art" but we cannot claim copyright or gain financially from images of their coins. You could claim copyright, for example from groups of coins that follow a theme (e.g., animals, or ships from all over world), or creating art using coins, by arranging Loon dollars in the shape of a loon, or digitally adding colour to coins.

Should you want to claim copyright, using a coin from the Royal Canadian Mint, you have to use this form:

http://www.mint.ca/store/dyn/PDFs/R...ation_v1.pdf

The image on our modern coins dates from 1937, when it was created by one George Kruger Gray who died in 1943. In any event, s. 12 of the Copyright Act would put the image into the public domain no later than 50 years from creation, namely in 1987, assuming that the Mint, in 1937, was an emanation of the Crown under the direction and control of His Majesty, as Her Majesty then was. And even if that isn't right for whatever reason, any possible copyright that Mr. Gray could have had would have expired and gone into the public domain no later than 1993, fifty years after he expired. Those images are now in the public domain. Even so, the Royal Canadian Mint claims ownership of all images of those coins. Here is a recent example...

http://www.newswire.ca/fr/story/566...l-government

I am sure there is a legal agreement in place with the RCNA and Trajan Publishing (Canadian Coin News) and the RCM regarding images used in the CN Journal. I know that the Charlton Press also has such an agreement. The mint turns a blind eye on most other published likeness of their images, but I would not try to flex copyright muscle with something you do not own.
"Discovery follows discovery, each both raising and answering questions, each ending a long search, and each providing the new instruments for a new search." -- J. Robert Oppenheimer

Content of this post is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License. See: http://creativecommons.org/licenses...0/deed.en_US

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United States
1353 Posts
 Posted 07/11/2012  2:15 pm  Show Profile   Bookmark this reply Add bosox to your friends list

Quote:
These coin-chat-forums are a good example of occasion to utilize the pictures of others, in my opinion ... as they are specifically for the purpose to further the hobby as a whole...


Although I understand the sentiment, in many cases I think this runs afoul of copyright. As a separate issue, failure to cite the source could be construed as plagiarism.

The loose consideration of copyright in chatrooms is wrong, but doesn't surprise me. I think many people just do not think about intellectual property rights when they are posting something. What does surprise me is how many otherwise respectable numismatic publications seemingly ignore such things when publishing articles from independent authors.
http://www.victoriancent.com

2011 & 2025 Fred Bowman Literary Award Winner, 2020 J. Douglas Ferguson Award Winner, & 2022 Paul Fiocca Award Winner. Life Member of RCNA.
Valued Member
Canada
94 Posts
 Posted 07/12/2012  10:03 am  Show Profile   Bookmark this reply Add cbu to your friends list
"Although I understand the sentiment, in many cases I think this runs afoul of copyright. << >> I think many people just do not think about intellectual property rights when they are posting something."-bosox

Agreed and this does present a "shackle & chain" twist to the furtherance of the hobby through discussion...

So, if I give permission for others to use my pictures for discussion purposes on this chat-site (which I do) and others follow in kind.......

As for the "ethics-bar-set" by respectable numismatic publications ... all I can say is...

If I were "charging" for my publication and taking in "advertising dollars" ... I would like-to-believe that I would pay-closer attention to such-things ... but, only by being in the actual situation, would I know for certain...

dts...

Pillar of the Community
United Kingdom
2889 Posts
 Posted 07/12/2012  10:26 am  Show Profile   Bookmark this reply Add Bacchus2 to your friends list
When writing my book I obtained permission for every image that was not mine. It wasn't particually formal - just an email exchange. Not one person said no - though one collector was very particular about giving a detailed acknowledgement (the coin wasn't particually exciting and I was actually tempted to leave it out and look for another image because they were being precious).


The images that I took have been used in publications elsewhere - and I have no problem with that as they were all educational type works - most asked for permission anyway. Basicially my view is to be as open and helpful to people as possible, and unless they are involved in some fraud or blatent profiteering I have no issue with anyone using my images.

You can't take them with you after all.
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