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 Posting Copyrighted Material is Prohibited
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By: JudyB (offline) on Saturday, February 04 2012 @ 06:44 PM EST (Read 7373 times)  
JudyB

Hi everyone! It's been brought to our attention that a copyrighted image was apparently posted on the forum without permission of the photographer/copyright holder. This is a violation of our rules - not to mention being illegal and really bad karma.

Just to be clear - any images found to be posted in violation of copyright laws will be immediately deleted.

If you find a wonderful image on the internet and want to share it - unless it clearly states that it is a public domain image or is licensed for sharing under a creative commons or similar license - please post a link to the photographer's site. That helps the photographer - and protects us. Thank you for your help!

PS I've been reminded that some photographers prohibit deeplinking, which is linking to a particular page or image rather than to the photographer's home page, so please check for any restrictions before posting a link.

~~~~~~~~~~~~~~~~~~~~~

Added:
As a followup to my posts yesterday (including the one above above), we've received several questions about various things found on the internet, and whether they can be posted. I'm adding a post from Richard Pitt, who has studied this more than I have over the years, and then - with the understanding that I am not a lawyer or copyright expert - I'll try to comment on a few of the things we've had questions about.

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By: JudyB (offline) on Saturday, February 04 2012 @ 06:47 PM EST  
JudyB

From Richard Pitt:

A "minor" reiteration of the basics of copyright as it pertains to HWF's web site:

1 - if you take the picture, you control where it can be posted

2 - if someone else took the picture - they control where it can be posted which is subject to:
-- a - if the picture is hosted on a site (such as HWF) and was legitimately put there either by the originator or through some license by them and there are no other notes to the contrary, then the copyright policies of that web site govern - in HWF's case this is the Creative Commons attribution non-commercial share-alike license (Canadian) that is shown at the bottom of every page. This means:
----- I - the license must allow the image to be posted to a site that has ads on it (HWF's site does from time to time)
----- II - the image MUST be accompanied by appropriate ownership and copyright noticed - especially if the license it is hosted under is even a little bit different from the one on HWF's site (which it must be since HWF's does not allow posting to sites that are commercial in nature)
----- III - The rules we follow are for Canada as the site itself is hosted in Canada - but at least some recognition that the originator is from some other jurisdiction should be noted and THEIR rules heeded if they are radically different from Canada's

-- b - if the picture is accompanied by separate copyright notice (from the web site's default one) then that license rules
-- c - if there are no copyright notices in evidence at all - then DO NOT COPY as we can't take a chance - unless you can figure out who the owner is and contact them separately
-- d - pictures found on search engines should not be copied from the search engine site - go back to the original site, read the copyright rules there and heed them, not the search engine's rules.

3 - if what you took is a "screen cap" of a video stream (you took it from the stream running on your own computer) then the image may fall under "fair use" or "fair dealing" in that it is only a small part of the overall copyrighted work (one frame out of millions) and it can be illustrative of a "news" item that you are writing about. Note the "may" above depends on what it is you use the scap for - if you simply post it without any comment then unless the whole thread (i.e. other people's posts too) are about this "news" then we're on mildly shaky ground. If you post some comment that YOU wrote then we're fine.

Similar rules for video, audio, reports and anything else that is covered by copyright. This specifically applies to copying the text of someone else's news report. We should paraphrase and editorialize and refer - not just copy wholesale. This specifically means DON'T COPY THE HTML that underlies the original page - it breaks our page and shows that no care was taken to heed copyright at all.

Personally - I try to NEVER cut/paste anything directly from the source site to our site - I always save the image to a file on my computer and may edit it if only to resize it or crop it slightly. It pretty much ensures that the image name will be different too (I tend to eliminate spaces and upper-case letters, etc.). This also guards against my copying the underlying text formatting and such and encourages me to paraphrase and re-write the content so it is not direct copyright violation.

Please post this widely

richard

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By: JudyB (offline) on Saturday, February 04 2012 @ 07:11 PM EST  
JudyB

Greeting Cards

Satisfaction.com has "Free Greeting Cards, Ecards, Pictures, Images, Comments, Graphics & Pics for Facebook, Twitter, EMail, Blogs, Forums, Bulletin Boards, Websites & Social Networks." However, while I cannot find their full Terms of Use, they have the following instructions for the graphic I picked for testing -

Instructions for Displaying Good Morning Graphics:
1. Add your Optional Comment Text in the Comment Box located Below the Codebox.
2. Click on the Codebox located Below Your Graphic and Copy all of the Code.
3. Paste all of the Code (Ctrl+V) in a Profile Text Box such as "About Me," as a MySpace Comment,
Bulletin or MySpace Email, Tagged, Friendster, Hi5, MyYearbook, Facebook, Blogger, Orkut
Social Networking Site, Blogs, Forums, Bulletin Boards or Websites.


And the usual Right-Click to save a copy of their images to your computer is disabled and gives the following message:
Click on image to download

So my conclusion is that it is probably legal to copy the code to post one of their greetings in a way that links back to their website (as I've done below) - but it's probably not legal to copy one of their cards or images to your computer and then attach it to a post.


Comments - Graphics


I know there are several similar websites, and am guessing they also want you to link to them rather than copying an image and attaching it - but checking that out is a task for later.

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By: yalitldevl (offline) on Saturday, February 04 2012 @ 07:13 PM EST  
yalitldevl

not to be rude Judy but who's planning on monitoring all those that are posted on all the threads everyday... that its done right and in a legal way? You and I and a few others know all too well what a mess this can be. I think we need it clear or not at all

what about if the only thing we change is saying "dont post other photographers work" and leave it at that? Leave all else as is Puzzled That is the only place we've had this trouble right? photogs?


I would rather spend my life close to the birds than wishing I had wings

We are by nature observers, and thereby learners. That is our permanent state. ~ Emerson


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By: gemini (offline) on Sunday, February 05 2012 @ 05:52 AM EST  
gemini

Please use the sites listed here at your own discretion. A link to the Terms of Use is provided so that you may ensure the site you are using is not in violation of the copyright laws.

Cam Guidelines

1. Norfolk Botanical Garden, Virginia - Bald Eagle Cam - Copyright regulations are in effect
Link to NBG copyright guidelines

2. Hornby Island ~ 2012 Bald Eagle Nest Cam - Copyright regulations are in effect
Link to Hornby Island nest coypright guidelines

3. The Decorah Bald Eagle Nest Cam - is licensed under a Creative Commons Attribution
Link to Creative Commons Attribution

4. NCTC Shepherdstown, West Virginia - Bald Eagle Family - featured on the Outdoor Channel site
Link to Terms of Use




Please read the Terms of Use for the relevant site you are obtaining your graphic from before posting it.

1. dazzlejunction - Uses the code system - Graphic codes are free and can be used on Myspace, blogs, forums
Link to site
Link to terms of use - Terms of use in "Welcome" paragraph on home page

2. glittergraphicsnow - Uses code system:
Link to site
Link to Terms of Use

3. coolfreeimages - Uses the code system
Link to site
Link to Terms of Use located on home page near the top on the left

4. commentslive - Uses the code system can be used on forums!
Link to site
Link to Terms of Use - Terms of use in "Welcome" paragraph on home page

5. jucoolimages- Uses the code system
Link to site
Link to Terms of Use Located in bolded paragraph at the top of the page

6. zingerbug - Uses the code system
Link to site
Link to Terms of Use - located at the bottom of the page in bolded italics

7. Animationplayhouse - Save the graphic to your hard drive and upload it to your post. Do not link directly to the graphic.
Link to site
Link to note of permission

9. eagles4kids - Please feel free to post anything you would like
Link to site
Link to note of permission

10. USFWS National Digital Library Images - National Digital Library photos are copyright-free and available to the public
Link to site
Link to note of permission



Do Not Use the Following Sites:

1. Sport Team Logos and all "Brands" are copyrighted and should not be used or posted. As are Disney characters, cartoons, comic strips, known personalities past and present.
Link to verification post

2. nubiagroup - Do not COPy & PASTE The nubia_group designed cards are for PERSONAL use only. Cannot be used on forums.Link to terms of use - found at the bottom of the home page

3. yahoo.americangreetings - posting of materials on other Web Sites is strictly prohibited.
Link to Terms of use


4. riversongs - NOT allowed to copy any files in any manner, for any use whatsoever.
Link to terms of Use

5. Cheezburger -
Link to terms of use - See #3 General Use of the Websites Permissions and Restrictions

6. goodlightscraps - It is recommended that this site not be used as no definitive terms of use can be found.











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By: JudyB (offline) on Sunday, February 05 2012 @ 10:49 AM EST  
JudyB

Quote by: yalitldevl

not to be rude Judy but who's planning on monitoring all those that are posted on all the threads everyday... that its done right and in a legal way? You and I and a few others know all too well what a mess this can be. I think we need it clear or not at all

what about if the only thing we change is saying "dont post other photographers work" and leave it at that? Leave all else as is Puzzled That is the only place we've had this trouble right? photogs?


We are and will continue to be a self-moderated forum - the primary responsibility for posting appropriate content rests with the person doing the posting. For better or worse, it's not only a moral responsibility - it's a legal one.

We have discovered that some members may not be aware that there are restrictions about posting images found on the internet. I consider myself fairly internet-savvy, and gemini is an excellent researcher - and as documented here, we've explored sites where it's hard to tell what is or isn't legitimate usage of the images found there.

It is especially confusing if the site has a headline like "free graphics" - which, if you can find and read the fine print, are actually only "free" if you post them as a linked image. It's my understanding that having lots of people linking to a site boosts the site's ratings in Google, Yahoo and other search engines - so what satisfaction.com, dazzlejunction.com and the rest get in trade for letting us post their images (with links intact) is a chance to make it to the first page of a google search for "sparkly birthday card" - and more people visiting their site and seeing the ads, which lets them charge more for ads. If we remove the link, or post a screenshot of one of their cards, they get nothing.

I've learned that if you search for "picture of hummingbird" on the internet, you'll get lots of pictures - and while many list the photographer, you sometimes need to do a bit of detective work to find where the photographer or copyright holder originally posted the picture, and find the terms of use for the picture.

So I think all we can really do here is help people become more aware of what they should check before they post something they find on the internet, and possibly how/were to look for things like Terms of Use that often say what one can and can't do.

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By: JudyB (offline) on Monday, February 06 2012 @ 04:07 PM EST  
JudyB

I've just added a post by Richard on the basics of copyright as it applies to our site as the second post in this thread - please check it out!
Smile

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By: yalitldevl (offline) on Monday, February 06 2012 @ 04:47 PM EST  
yalitldevl

Thank you Judy, I was wrong about satisfaction we discussed on EA and have edited my post. Now I'm heading there and posting a link to here to ask all Nesties to come here with questions until we get this all straight!

thanks Sharon for your work also, are any of those sites non-glittery things?


I would rather spend my life close to the birds than wishing I had wings

We are by nature observers, and thereby learners. That is our permanent state. ~ Emerson


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