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Chuffed - Website using my pic

  • 25-03-2009 7:51am
    #1
    Registered Users, Registered Users 2 Posts: 5,718 ✭✭✭


    While browsing the stats of my flickr account i seen that this pic was visited from a bit of a random site. Looking it to it i discovered that my pic is on a spanish car website at appears to be laid out like a blog. The google translated link is here. Because its linked back to my flickr im delighted.
    Does this count as getting my first publication ????:D


Comments

  • Registered Users, Registered Users 2 Posts: 4,570 ✭✭✭sNarah


    Oh well why not ;-)

    And at least they linked it back, that's a plus haha!

    Congrats, and t is a nice photo as well! :P


  • Registered Users, Registered Users 2 Posts: 15,015 ✭✭✭✭Kintarō Hattori


    Congrats. I've noticed a few websites using images of mine. I noticed them from the stats as well. At least with that you can see they've linked to your photo. It does make me wonder if our photos get used elsewhere without a link.

    On flickr
    On website

    On flickr
    On website

    On flickr
    On website

    This last guy seems to have used a few of my images. He's been kind enough to give a link to the originals.


    We should all check our stats and see who and what is using our photos, what countries, what organisations etc. I imagine there'd be some very interesting finds.


  • Registered Users, Registered Users 2 Posts: 16,930 ✭✭✭✭challengemaster


    Is it really too much hassle for people to ASK before taking them, even if they are linking back...


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Why would they ask, or even pay? Sure they can just use your images any time they want. :rolleyes:

    Nice to have images used, but twice as nice when you're paid for them.


  • Closed Accounts Posts: 22,565 ✭✭✭✭Tallon


    Thats cool, well done man


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  • Registered Users, Registered Users 2 Posts: 5,164 ✭✭✭nilhg


    If the Op is happy to have his work used by others he should really publish it under a creative commons licence, his image on flickr was all rights reserved, so should never have been used without his permission.


  • Registered Users, Registered Users 2 Posts: 1,724 ✭✭✭jaqian


    nilhg wrote: »
    If the Op is happy to have his work used by others he should really publish it under a creative commons licence, his image on flickr was all rights reserved, so should never have been used without his permission.

    Agree. If you had the image as copyright then they shouldn't have used it without your permission. If you release it under CC then many more sites will use it.


  • Closed Accounts Posts: 6,281 ✭✭✭Ricky91t


    Is it really too much hassle for people to ASK before taking them, even if they are linking back...

    This site like many other's is just a glorified search engine and it just crawls the web searching for images that match the criteria the user has searched...


  • Registered Users, Registered Users 2 Posts: 16,930 ✭✭✭✭challengemaster


    Ricky91t wrote: »
    This site like many other's is just a glorified search engine and it just crawls the web searching for images that match the criteria the user has searched...

    I mean in general like - I didn't even click the link in the first place - I was on lunch and too busy stuffing my face :D


  • Registered Users, Registered Users 2 Posts: 5,718 ✭✭✭.Longshanks.


    Being a n00b to all this carry on, i was delighted that somebody else liked my photo enough to pick it for their website - even if it is just a glorified search engine as described above.
    nilhg wrote: »
    If the Op is happy to have his work used by others he should really publish it under a creative commons licence, his image on flickr was all rights reserved, so should never have been used without his permission.
    Is it really too much hassle for people to ASK before taking them, even if they are linking back...

    Suppose this does open a bigger question... [opens can of worms] are flickr my pics copyright / all rights reserved?


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  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Suppose this does open a bigger question... [opens can of worms] are flickr my pics copyright / all rights reserved?

    You set the rights on your images. The default on Flickr is Copyright - All Rights Reserved. That means that no one has the right to use your images without your expressed permission.

    If you don't mind people using your images, then set them to CC (creative commons), which has different catagories, but means that people can use your images without having to ask permission or without having to pay you.


  • Registered Users, Registered Users 2 Posts: 16,930 ✭✭✭✭challengemaster


    Paulw wrote: »
    Why would they ask, or even pay? Sure they can just use your images any time they want.
    Paulw wrote: »
    You set the rights on your images. The default on Flickr is Copyright - All Rights Reserved. That means that no one has the right to use your images without your expressed permission.

    Erm... Paul... What? :confused:


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    First post, if you didn't spot, was full of sarcasm. I must have missed out on a smiley. :rolleyes:


  • Closed Accounts Posts: 2,046 ✭✭✭democrates


    Nice pic op.

    Ianal but my grasp of it is this:
    Copyright automatically rests with the author/photogropher etc.

    Licensing then, is where the copyright owner sets the terms under which other parties can use the work.

    As PaulW mentions flickr (and pix.ie) defaults to state "all rights reserved", in the signup t&c's you've only given the photo host licence to display it as per your privacy settings.

    By default a published work can be used in part by anyone under the "fair use" clause in legislation so you could use a few seconds from a song or a few lines from an article.
    Maybe for photography a portion of the image or a smaller version as the Spanish site has used would be considered fair use, there may be case law on this but we've the added wrinkle of the international agreements and local differences.

    The link back is as if you'd released it under a license requiring attribution. That suggests they've thought about copyright and this is their compromise. Nevertheless if it can be proven that the image has been knowingly used beyond fair use they risk triple damages for willful infringement - at least that's what happens with patents (so some lawyers advise not to do a patent search - plausible deniability).

    Does that sound right?


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    democrates wrote: »

    By default a published work can be used in part by anyone under the "fair use" clause in legislation so you could use a few seconds from a song or a few lines from an article.
    Maybe for photography a portion of the image or a smaller version as the Spanish site has used would be considered fair use, there may be case law on this but we've the added wrinkle of the international agreements and local differences.

    Does that sound right?

    I know in the US there is a "fair use" clause, but I'm not aware of such under Irish/European law, unless someone can direct me to such legislation.

    Also, music is quite different than photography, on so many grounds, especially where copyright is concerned.


  • Registered Users, Registered Users 2 Posts: 8,219 ✭✭✭Calina


    And it's worth noting that the Creative Commons license hasn't been tested in Irish law. The recommendation from TJM when it was discussed at a boards.ie photography day was to use all rights reserved and let people ask.

    I personally won't touch Creative Commons for the simple reason that there are quite a few different versions of the CC licence and it is entirely possible to choose the wrong one.

    Safer to take the up front approach which is "I reserve all rights, please ask". Obviously some people won't do that, but this unfortunately is life. I know this is all too true, unfortunately.

    OP, I'm glad you got a kick out of seeing your photograph in use. I know I got the same feeling the first time I saw one of mine in print (picture of an eclipse as it happens). It's great and it makes you want to go back for more.


  • Registered Users, Registered Users 2 Posts: 5,718 ✭✭✭.Longshanks.


    democrates wrote: »
    Nice pic op.

    Ianal but my grasp of it is this:
    Copyright automatically rests with the author/photogropher etc.

    Licensing then, is where the copyright owner sets the terms under which other parties can use the work.

    As PaulW mentions flickr (and pix.ie) defaults to state "all rights reserved", in the signup t&c's you've only given the photo host licence to display it as per your privacy settings.

    By default a published work can be used in part by anyone under the "fair use" clause in legislation so you could use a few seconds from a song or a few lines from an article.
    Maybe for photography a portion of the image or a smaller version as the Spanish site has used would be considered fair use, there may be case law on this but we've the added wrinkle of the international agreements and local differences.

    The link back is as if you'd released it under a license requiring attribution. That suggests they've thought about copyright and this is their compromise. Nevertheless if it can be proven that the image has been knowingly used beyond fair use they risk triple damages for willful infringement - at least that's what happens with patents (so some lawyers advise not to do a patent search - plausible deniability).

    Does that sound right?

    Calina wrote: »
    And it's worth noting that the Creative Commons license hasn't been tested in Irish law. The recommendation from TJM when it was discussed at a boards.ie photography day was to use all rights reserved and let people ask.

    I personally won't touch Creative Commons for the simple reason that there are quite a few different versions of the CC licence and it is entirely possible to choose the wrong one.

    Safer to take the up front approach which is "I reserve all rights, please ask". Obviously some people won't do that, but this unfortunately is life. I know this is all too true, unfortunately.

    OP, I'm glad you got a kick out of seeing your photograph in use. I know I got the same feeling the first time I saw one of mine in print (picture of an eclipse as it happens). It's great and it makes you want to go back for more.


    Thanks guys, yeah i got a kick out of it! Sure it would have been nice to have been asked for permission & maybe even paid ! - but this is the internet after all :rolleyes:


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Thanks guys, yeah i got a kick out of it! Sure it would have been nice to have been asked for permission & maybe even paid ! - but this is the internet after all :rolleyes:

    That shouldn't be an excuse for someone to take/use your image without your permission.

    It's the same as someone downloading music without paying, or someone walking in to a shop and picking something from the shelf without paying.


  • Registered Users, Registered Users 2 Posts: 5,718 ✭✭✭.Longshanks.


    Paulw wrote: »
    That shouldn't be an excuse for someone to take/use your image without your permission.

    It's the same as someone downloading music without paying, or someone walking in to a shop and picking something from the shelf without paying.

    It was me who was being sarcastic this time! But thanks for all your input.


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