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  • Welcome to the new site. Here's a thread about the update where you can post your feedback, ask questions or spot those nasty bugs!

The photographers work, the photograph, Use Rights & Moral Rights!

Asher Kelman

OPF Owner/Editor-in-Chief
The photographers work, the photograph, Use Licenses

What do we do when someone changes their mind about an image they have allowed OPF to use by posting it here or submitting it to OPF? There are both copyright issues as well as moral rights. The latter refers, here, just to consideration to the artist's feelings.

We have never specifically discussed these two items fully, although we did touch on them in a previous thread.

Any image posted on OPF gives OPF merely a license to display your image on OPF. So your image can be viewed by potentially millions of people worldwide. OPF has neither interest nor claim in your copyright that belongs to you, the author, or whomever you so assign such rights.

Display licenses: For images posted in threads, should you ever change your mind for any reason, OPF will respect your wishes and no longer show that particular image, except where we determine that it disrupts the context, meaning, or usefulness of a thread. We will however try to accommodate any such requests as much as possible without affecting the integrity of the site. Additionally, any image that you permit us to display on a non-thread or article page (for example, in a gallery or on the home page), we will without question, take down the image, subject to any alternative arrangement you make with us in advance.

So any picture used in the cycling galleries can be withdrawn simply by your request. No one has ever done so, but still, we will respect your wishes. Further any picture in a "Show US" challenge, where we just show each other examples of work under a particular title, such as "Animals of the Wild in Action" can be withdrawn at the authors wish. Just be courteous and let us know!

Images posted for processing or editing: For photos posted for optimizing, editing/retouching or repairing., obviously, you are granting a broader license to OPF and its members, to the extent you grant permission to perform such changes. In such case, expect that OPF and its members will in good faith, work on someone else's photograph, attribute credit to the original photographer, and respect its original intent.

So these are considerations that OPF takes into account when someone want to withdraw a file posted for editing/processing that has already been distributed:

1. Has substantial work been already performed at the original poster's request?

2. Is this work especially important as far as effort or technique?

3. Were the posted new versions professional and morally respectful of the work?

4. Are there other threads that deal with the same issues and solutions?

5. When could this thread be deleted without wasting our efforts?

I feel that the above philosophy is clear and reasonable. Still, from time to time, we like to open some policies to discussion so everyone is on the same page and refinements can be heard.

Asher

(BTW, this discussion may not cover Moral Rights as defined by U.S. law. I don't know if other countries have such rights separate from copyright owner's rights. That, itself is an interesting and separate legal topic that OPF will attempt top cover in the near future. Rest assured it does not generally refer to the vast majority of photographs except under certain narrow circumstances)



Edited to clarify terms.
 
Last edited:

Ray West

New member
It does sound reasonable, but in practice, unless you are hosting the images, then I think there will be little you can do, if the owner of the image copyright moves his hosting website, sells the original copyright to a third party, maybe, or otherwise breaks the link. I am not too sure if it will matter as much, say in a few month's time, when there will be more examples of the editing threads that you mention.

Best wishes,

Ray
 
Ray,

Ray West said:
It does sound reasonable, but in practice, unless you are hosting the images, then I think there will be little you can do, if the owner of the image copyright moves his hosting website, sells the original copyright to a third party, maybe, or otherwise breaks the link. I am not too sure if it will matter as much, say in a few month's time, when there will be more examples of the editing threads that you mention.

Best wishes,

Ray

While this is perfectly correct and valid concern, there are relatively inexpensive and very efficient ways to resolve this issue :)

Cheers!
 

Asher Kelman

OPF Owner/Editor-in-Chief
Nikolai,

Thanks for explaining to me solutions to these sort of issues. Yes, thanks to Nikolas' brain, I now can see how we can insure agains threads being broken by reposting, where really necessary, new links.

Still, the integrity of the forum should be based on mutual respect and trust.

Asher
 

Dierk Haasis

pro member
OPF is based in the US, right? Well, set aside the moral discussion and concentrate on pure Copyright [incl. Usage Right].

As we all should know, the copyright proper cannot be transferred from the originator under International Copyright; there are some minor adjustments in US law making it possible to give the enforcement of copyright to a company [many writers come up with a company comprising themselve and their wifes for instance]. In those cases where one photographer offers an original to be worked on by others, the results obviously have joined copyright.

When I put in photos into threads - or offered a bunch to Asher for use on the front page - I see limited usage rights as intuitively granted. That is, OPF can show them with the source being identified; the photos can only be used otherwise [incl. changed] with my concession. OPF cannot make direct money with my images (selling them) but I am aware that I am not entitled to any indirect money, which generates from advertisers perhaps drawn by my images - actually all the images on the front page. This is a two-way street, as my permits imply that Asher as the owner of OPF will not use my photos for sales.

All this is rather moot as long as we stick with the most basic component of being a social anmal: communication. Laws, lawyers and jurisdiction stem from communication breakdown - instead of talking with one another, trying to find a solutin we threaten each other, originally with sticks and stones, now with lawyers and judges.

Bottom line: Just ask me.
 

Asher Kelman

OPF Owner/Editor-in-Chief
Please re-read the first post which I have edited to clarify terms in a simple manner. Essentially, any picture posted for display we'll remove at your request. Others we'll accomodate as described in the initial post.

Everyone should remember to always attribute to the original photographer, so it soes not seem like your own work.

Asher
 
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