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OCDO Pictures - Being used by another website - Did John buy the rights to the pics?

Rusty Young Man

Regular Member
Joined
Jun 19, 2013
Messages
1,548
Location
Árida Zona
Here is a link to the website politicsandguns using the pictures:

http://politicsandguns.com/lax-data-security-at-nagr/

Who owns those pics?
If we have a problem with photography infringement or the like, I'd be more than glad to make a similar one. Maybe I can get a gold star for it.:p

Besides, I know just the person to emulate the cutie with crossed arms and sassy-ness.;)
A likeness of the couple and family would be the most difficult to carry out though.

In any case, I'm planning to have a photo series of OCers and their families. Photography is just a hobby.
 
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Logan 5

Regular Member
Joined
Apr 16, 2012
Messages
663
Location
Utah
I was with the understanding that pic was propriatary to John....?
 

since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
Copyright Law 101[SUP]1[/SUP]:

1. "A copyright is automatically granted the moment a work is created and fixed in tangible form" (Cheeseman, 2013, p. 129). Whoever took the pics owns them, until such time as the owner transfers them to another, or their copyright expires. Taking a picture establishes copyright. No registration is required to establish that copyright. Individuals are granted copyright for their lifetime plus seventy years.

2. Displaying pictures publicly at a certain date and time is sufficient to substantiate (prove) copyright.

3. Posting pictures in a public place such as an online social media website does not confer copyright to others. Thus, OpenCarry.org's rule is valid, commensurate with federal law and state laws to the best of my knowledge: "(17) OWNERSHIP OF POSTS: By posting on the OpenCarry.org forum, you do not surrender your ownership rights to the material you post. However, by posting any material which you possess ownership rights to on the forum, you grant an irrevocable, transferable license to the forum owners to display, edit, delete and reproduce the material as they see fit."

4. Rule 17 does not allow the owners or forum members of OCDO to transfer the material to a different website. Such activity is indeed a copyright violation, and against such actions you may file suit against whoever transferred the images, as well as whoever is displaying them elsewhere, and also the owners of the other forum. Be advised their use may fall under the Fair Use Doctrine. That doesn't mean you have a free-for-all just because you're talking about it rather than using it for gain...

I've seen this pic all over the place ... not every pic on the web is copyrighted...
Wrong. ALL pics are copyrighted. See #1, above. The only exception are pictures older than the copyright holder's lifetime plus 70 years. If they're owned by a business, it's the lesser of 120 years from their creation or 95 years from their first date of publication.

...or need to be owed anything to use...
Many are. In fact, far more fall into the "are" category than "are not."

[SUP]1[/SUP]Cheeseman, H. R. (2013). Business law: Legal environment, online commerce, business ethics, and international issues (8th ed.). Upper Saddle River, NJ: Prentice Hall. Specifically, Chapter 7: "Intellectual Property and Cyber Piracy," which covers trade secrets, copyright, trademark, patent law,
 
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