Nigel Posted December 7, 2003 Share Posted December 7, 2003 As the heading says does anyone know about how this works on the internet. I have a lot of material that was given to me how can i find out if it has copyright on it. Also even if it has can i still use it if it was given to me with no restrictions placed on it. Any help would be appreciated. Link to comment Share on other sites More sharing options...
OziOscar Posted December 7, 2003 Share Posted December 7, 2003 Can you answer some questions for me? I think I can help...* What is the material?* What is the purpose that you intend to use it for (ie profit, non-profit, educational)?* How did you gain the material?Cheers - OziOscar. Link to comment Share on other sites More sharing options...
Nigel Posted December 8, 2003 Author Share Posted December 8, 2003 Thanks for the reply to answer your questions. The material was photos and logos. The purpose i will use them for is on this forum so i guess you could say for profit. How i got the material was from the person how says thay have the copyright on them. When thay were given to me like i said there was no resrictions as to how i could use them. So if you can help it would be much appreciated. Link to comment Share on other sites More sharing options...
Serial-Cichlid Posted December 8, 2003 Share Posted December 8, 2003 This is my understanding...If you received the materials from the person owns it and he/she has granted you permission to use it (in writing and depending on the detail they provide) then there shouldn't be a problem. If the person you received it from does not own it then you'd need to locate whoever owns it and request permission from them (again in writing).Usually when material is copyrighted, you need to pay a fee to use the materials especially things such as royalty free photography etc. But if they aren't anal about it, they'd probably just tell you to leave a reference to their name on the photos.Hope this helpsCHeersPaul Link to comment Share on other sites More sharing options...
Nigel Posted December 8, 2003 Author Share Posted December 8, 2003 So how do you find out if it is copyrighted? If it is how can thay stop you from useing it? Also how can thay prove it is copyrighted to them? Also how does all this work on the internet. Link to comment Share on other sites More sharing options...
YeW Posted December 8, 2003 Share Posted December 8, 2003 Nigel -Best to consult Andy, Mark or I about this... via email . (in that order LOL!)Cheers Link to comment Share on other sites More sharing options...
Nigel Posted December 8, 2003 Author Share Posted December 8, 2003 David this is not a problem for you or the forum. I am just curious as to how this all works i thought there may be someone on here that knew. If you know tell me as this can be a problem for a lot of people how post on internet forums. Link to comment Share on other sites More sharing options...
ViS Posted December 8, 2003 Share Posted December 8, 2003 Nigel,Basically if the images can be proven in a court that they belong to a person (ie they may have digital signatures on their hard drive stating when they were first placed there or altered and that date may be earlier than the date you placed them on your hard drive). Otherwise they may be able to prove they took the pictures in other ways (like showing pictures of the tank the fish were in when the photo was taken etc)If you didn't personally take the photos in question and you don't currently have permission to use the images, you really don't have a leg to stand on unfortunately.I know exactly what we are talking about here as I have been brought into the situation by the person that owns said pictures, so I guess I know a bit more than most on this particular case.If I were in your shoes Nigel, I'd probably just stop using the pictures to avoid any unneccessary heartache. I don't know the story behind the pictures and don't particularly want to know, but from where I'm standing (completely impartial) it seems that the person that originally took the pictures does not want anyone else to use them and that is legally within their rights to do so.There are thousands upon thousands of pictures on hundreds of websites where you should be able to get permission to use them. It might take you a day of emailing nicely to the owners of the pictures, but it might save you some trouble at the end of the day. Other than that, you could re apply to the owner for permission to use the pictures.I suppose there will always be a "grey area" when it comes to digital images, as it is so easy to download them and alter them to appear as your own, but I think the images in question might be pretty easy to prove who they originally belonged to.That's just my opinion, as I don't want to see you get tangled up in an unneccessary legal argument with the original image owner. Ultimately it's up to you to decide if the images are so important that it is worth risking legal action to be able to use them without permission.here is a quote from a website on copyright:Just because a copyright statement does not appear on a website, that does not automatically give you permission to copy the website text or images. You know from reading this guide to copyright that all intellectual property belongs to the author or creator. And here is the website address for you to have a read of:Digital image copyright pageAlso here is a link that relates to Australian copyright law for digital images:QLD digital image lawsSorry to be the bearer of bad news but that is how I see it. If a legal eagle knows any different, fire away! Link to comment Share on other sites More sharing options...
Nigel Posted December 8, 2003 Author Share Posted December 8, 2003 Thank you Andy i really appreciate the information. I will have to do a bit of reading now thanks to you :lol: but i think it will all work its self out. Thank you again for your help. Link to comment Share on other sites More sharing options...
ViS Posted December 8, 2003 Share Posted December 8, 2003 No probs.It's a good idea for every member to have a read of those sites just for personal knowledge. Link to comment Share on other sites More sharing options...
BLACKBAR Posted December 9, 2003 Share Posted December 9, 2003 cant you just change th photo enough so it doesnt look like the original if it of a fish cant you mirror it maybe you know make the fish face the other way or cut out the fish and paste it on a different background???? i dunno much about this copyright stuff just a thought Link to comment Share on other sites More sharing options...
OziOscar Posted December 9, 2003 Share Posted December 9, 2003 In your case, if the person gave you the material and claims to own it, please have them write something for you to state that they own it and give you permission to use it whatever manner they will permit at whatever price. Logos may be a different matter as they are either the intellectual property of the company that owns them or the designer that created the logo for the company. Again, a letter of release would be needed. We have similar activities in our workplace owing to the manufacture of music and the like. We have to have letters of release to manufacture from the owner of the material (which we verify by contacting that person / entity) and any licence fees (AMCOS, etc) must be paid and proven to be paid before we start work on the project. Curious - If it is to be used in these forums, then how would that be for profit? Oh - and if there is a release letter available to you, and if there is any potential for doubt, the forum's owners should be in possession of a copy to protect them against any action. Action is rare in cases like this, at least if it is a non-commercial matter. Usually, a 'cease and desist' letter is sent by the owner of the material, asking it to be removed. If it is commercial, then there is a tendency for the lawyers of the owning party to seek compensation as well as possible legal penalties by the Court. Cheers - OziOscar. Link to comment Share on other sites More sharing options...
Nigel Posted December 9, 2003 Author Share Posted December 9, 2003 Thanks for the reply the problem i have is the rotating logo in my posts it was given to me buy the person who made it. The person who made it is now saying i can not use it. My question is if it was given to me is it mine now or still theres. If any body can answer this i would appreciate it. Link to comment Share on other sites More sharing options...
Ben Posted December 9, 2003 Share Posted December 9, 2003 I can always tell that person to stop using the picture of my furcifer. Link to comment Share on other sites More sharing options...
OziOscar Posted December 9, 2003 Share Posted December 9, 2003 It depends under what conditions thay gave it to you and under what conditions they ask you to stop using it, and if there is any documentation relating to that. If it was a gift and is documented (eg an email saying "here mate, use this" and there is no mention of ownership, etc) then they're going to have much trouble with a cease and desist request. It wouldn't be that hard to recreate a new one and therefore rub their nose in it. What they have produced is nice, but not either a registerable design or patentable process. Make something similar (or just about anyone with some GIF animation software can do for you) and enjoy having something you own and that no one can make a sugeestion as to what you should do with it. Cheers - OziOscar. Link to comment Share on other sites More sharing options...
Nigel Posted December 9, 2003 Author Share Posted December 9, 2003 Thanks for the info it is much appreciated. I have decided to leave it right were it is and let them prove who owns it. I think every one should read this post it has been very informative to me. I thank everyone who replyed. Link to comment Share on other sites More sharing options...
Ducksta Posted December 10, 2003 Share Posted December 10, 2003 NIgel I know you said you decided to leave it as is. But should the need arise to replace your banner, I'd be happy to knock one up, free of charge, and with written consent ensuring I will never go nuts and ask for royalties Link to comment Share on other sites More sharing options...
Nigel Posted December 10, 2003 Author Share Posted December 10, 2003 Thank you ducky i might just take you up on the offer. I love these rotating logos i tried to make one myself i have coral draw in my computer thanks to mark aka cichlids-au but i dont have the ability to do it. So over to you my friend. Link to comment Share on other sites More sharing options...
Ducksta Posted December 10, 2003 Share Posted December 10, 2003 Well email me **johnducksburyAThotmail.com** the pictures you would like to "rotate" (I guess they should be yours to start with? or have permissions from the owners) - preferably, crop them at your end (since that is the most time consuming/boring part)I wont have time to get it to you for a few days or so, but it will get done Link to comment Share on other sites More sharing options...
Nigel Posted December 10, 2003 Author Share Posted December 10, 2003 No problem mate thank you but what do you mean by crop them. Link to comment Share on other sites More sharing options...
Ducksta Posted December 10, 2003 Share Posted December 10, 2003 See on your current one - how the fish have had the background removed in the pic. That is cropping the picture. It is a pretty tedious task in most cases Link to comment Share on other sites More sharing options...
OziOscar Posted December 10, 2003 Share Posted December 10, 2003 If you want them cropped I will do it gladly. I do this stuff as part of my work. Director? Yeah right - dogs body with a huge desk. Cheers - OziOscar. Link to comment Share on other sites More sharing options...
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