Fair use ?

This is a discussion on Fair use ? within the Photography Discussion forums, part of the PHOTO FORUM category; Several times I have criticized people for displaying an image and asking, "how was this done? " In this current thread, http://www.photoforum.com/index.php?showtopic=60252 , Steve makes ...


Results 1 to 7 of 7

Thread: Fair use ?

  1. #1
    Senior Member
    Join Date
    Mar 2008
    Posts
    3,005
    PHOTO EDITING NOT OK
    Several times I have criticized people for displaying an image and asking, "how was this done? " In this current thread, http://www.photoforum.com/index.php?showtopic=60252, Steve makes a similar note.

    It would appear that this is a "violation" of PhotoForum rules but isn't this fair use from a copyright point-of-view? Aren't you allowed by law to use a photo when the purpose of the use is to discuss the photo?

    Charles
    I currently spend a fair amount of time on Google Plus: https://plus.google.com/103236949470535942612

    my personal website (not very current I'm afraid): clupica and family
    my photogarphy : cwlupica - Photograher
    my photos on SmugMug. StudioLupica on SmugMug
    me on facebook: Charles Lupica
    My fan page on facebook: StudioLupica


  • #2
    Super Moderator
    Join Date
    Jul 2007
    Location
    Virginia, USA
    Posts
    16,727
    PHOTO EDITING OK
    Probably so, Charles.

    But there are other forum "rules" that don't necessarily line up with copyright infringement. Some may seem arbitrary, but then again, I feel that way about many of our society's "rules" as well.


    “Try and penetrate with our limited means the secrets of nature and you will find that,
    behind all the discernible concatenations, there remains something subtle, intangible and inexplicable.
    Veneration for this force beyond anything that we can comprehend is my religion.”
    (Albert Einstein)


  • #3
    Senior Member
    Join Date
    Aug 2010
    Posts
    109
    PHOTO EDITING NOT OK
    Quote Originally Posted by Grandpa View Post
    Probably so, Charles.

    But there are other forum "rules" that don't necessarily line up with copyright infringement. Some may seem arbitrary, but then again, I feel that way about many of our society's "rules" as well.
    Since I'm new to the forum, can I ask if it would be against forum policies if I include a link to a picture that I have questions about?
    What if the link is to a picture posted on the forum?

    Paolo

  • #4
    Senior Member
    Join Date
    Jun 2010
    Location
    Naples, Florida, USA
    Posts
    824
    Equipment
    Canon, Cambro/Calumet
    PHOTO EDITING OK
    Quote Originally Posted by clupica View Post
    It would appear that this is a "violation" of PhotoForum rules but isn't this fair use from a copyright point-of-view? Aren't you allowed by law to use a photo when the purpose of the use is to discuss the photo?

    Charles
    I know that you are allowed to use short passages of text in order to review a book, but that isn't the totality of the work. I will have to research this but I can tell you if anyone were to use my photo in a book for whatever reason without my permission I would take (or try to take) legal action. I might not be so knee jerk if it were used in a not for profit use but would certainly ask for the image's removal. I'll check back with the results of my research. Good question Charles.
    Capture all the photons you want; the universe will make more.

  • #5
    Super Moderator
    Join Date
    Jul 2007
    Location
    Virginia, USA
    Posts
    16,727
    PHOTO EDITING OK
    Quote Originally Posted by RoverDriver View Post
    Quote Originally Posted by Grandpa View Post
    Probably so, Charles.

    But there are other forum "rules" that don't necessarily line up with copyright infringement. Some may seem arbitrary, but then again, I feel that way about many of our society's "rules" as well.
    Since I'm new to the forum, can I ask if it would be against forum policies if I include a link to a picture that I have questions about?
    What if the link is to a picture posted on the forum?

    Paolo
    Paolo, what you suggest is the generally accepted way of doing this.


    “Try and penetrate with our limited means the secrets of nature and you will find that,
    behind all the discernible concatenations, there remains something subtle, intangible and inexplicable.
    Veneration for this force beyond anything that we can comprehend is my religion.”
    (Albert Einstein)


  • #6
    Senior Member
    Join Date
    Jun 2010
    Location
    Naples, Florida, USA
    Posts
    824
    Equipment
    Canon, Cambro/Calumet
    PHOTO EDITING OK
    Here's the result of a search.

    From the copyright office: Fair Use
    Capture all the photons you want; the universe will make more.

  • #7
    Proud Nikon Shooter
    Join Date
    Jun 2008
    Location
    San Francisco's North Bay area
    Posts
    1,547
    PHOTO EDITING NOT OK
    Also keep in mind that the fair use clause is only good when you can "afford" to defend it.

    If you will note in the link provided:

    #2
    The nature of the copyrighted work


    #4
    The effect of the use upon the potential market for, or value of, the copyrighted work


    Commercial photographers are incredibly defensive when it comes to our copyrights. A lot of extra work is put into getting those catalog shots, and that is what keeps most people out of this field.

    I can tell you that personally, I will sick my attorney on someone in a New York minute. If someone wants to claim "fair use", they will be doing it in a courtroom. Luckily I live in the bizarro world where the 9th circuit court is the most limiting when it comes to fair use. (one of the few good things that come out of this court).

    I have no issue with someone posting a link to others work, but snatching it off the internet gets me stirred up.
    Steve

    Never complain, Never explain. Learn it, live it


    Our blog
    Our website
    My gear list


  •  

    Remove Ads

    Sponsored Links

    Posting Permissions

    • You may not post new threads
    • You may not post replies
    • You may not post attachments
    • You may not edit your posts
    •