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Old 07-03-2010, 04:44 AM
stumblinman
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Default who owns pictures?

I was wondering who ultimatly owns the pictures uploaded by forum members to the gallery? I've searched but can only find some copywrite laws that don't specificly state what I want to know. I have seen where people are stating web designers are claiming copywrite to their websites even though they paid them to make it.

The reason is I have someone reposting our pictures on their website to slander our organization and am looking for a way to squash it.
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Old 07-03-2010, 08:41 AM
KevinL KevinL is offline
 
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Well where did you get the pictures?
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Old 07-03-2010, 09:28 AM
stumblinman
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they're our pics. I ended up doing a lot of reading and it looks like all images will be copyrighted but someone may be able to use them if they are non-profit and are using it as a say.. news report type situation. They can criticize the site and use it's pics to do so.. Kindof tricky legal issue it seems. I'm still researching though...
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Old 07-03-2010, 11:12 AM
pant pant is offline
 
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I think what you're talking about is referred to as fair use.. Provided they are using the pictures to make some sort of reference and aren't intending to make money they can refer to the pictures and make use of them. Not much you can really do to be honest.

Sounds like some juicy gossip though, what's the story?
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Old 07-10-2010, 10:16 PM
Brandon_R Brandon_R is offline
 
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Actually you DON'T want to host the pictures because that puts you at liability for their misuse. Instead have a note saying it is uploaded by the members blah blah
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Old 08-22-2010, 12:53 AM
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BirdOPrey5 BirdOPrey5 is offline
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According to my site's rules all content belongs to my LLC, that would include pics and text..,. in practice though that doesn't fly, people own their own pictures... I tried to have a photo contest once where I needed rights to reproduce the submitted pictures in exchange for a chance at real prizes and it created the biggest uproar since the Vietnam war on my forum, ultimately ending with half my regular posters leaving...

But as for your situation... they aren't using the pics to profit or pretend to be you, they are using them to criticize you- sounds like the definition of fair use- nothing can be done about it... I mean, you could pay a lawyer to write a letter demanding removal but if they have a lawyer or at least know one they will be advised to laugh it off.
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Old 08-23-2010, 01:00 AM
BSMedia BSMedia is offline
 
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First it'd be Libel they are using. Slander is spoken. Libel is written. If you want to squash it, you're gonna have to learn some terms.

Secondly, even if it's under fair use, if you can prove their committing Libel (and with malice) you can have them removed. You can try to file a DMCA notice if you believe you are the owner of the material in question, stating that it doesn't fall under the Fair Use act.

Secondly, don't try to translate the law, this post, or any other post on any other forum as useful information. If you really consider it to be a problem, speak to an attorney who specializes in such matters.
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