Copyright Myths

[Laurel]

Anyone posting photos in this forum should read this:

http://www.templetons.com/brad/copymyths.html

From the link:

1) "If it doesn't have a copyright notice, it's not copyrighted."

This was true in the past, but today almost all major nations follow the Berne copyright convention. For example, in the USA, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not. The default you should assume for other people's works is that they are copyrighted and may not be copied unless you know otherwise. There are some old works that lost protection without notice, but frankly you should not risk it unless you know for sure.

It is true that a notice strengthens the protection, by warning people, and by allowing one to get more and different damages, but it is not necessary. If it looks copyrighted, you should assume it is. This applies to pictures, too. You may not scan pictures from magazines and post them to the net, and if you come upon something unknown, you shouldn't post that either.

The Amateur Pics forum was set up for Literotica members to post photos that they themselves created. It is not a place for you to post photos you find on other sites, or any photos that you did not take.

Please read the link. If you have any questions regarding this, please let me know.

 

[Hotred911]

So does this mean that any picture I've taken of myself and posted is copyrighted, and therefor can't be used without my permission? I guess maybe that's a question I should have asked before posting my pics, but it'd still be nice to know.

 

[ScarlettRose]

no, it means it shouldn't be used without your permission

 

[ShyGuy68]

Two more "must read" threads about posting pics here on the Amateur pic board.

Reminder: Don't Post Copyrighted Images


Reminder - Please Read

 

[krystens_bitch]

So does this mean that any picture I've taken of myself and posted is copyrighted, and therefor can't be used without my permission? I guess maybe that's a question I should have asked before posting my pics, but it'd still be nice to know.

you are correct ... your pictures (or any intellectual properties) are protected the moment they are created.

 

[hongluobo]

several questions

1) What about the case of personally taken pictures of copywrite items?? i.e. a picture in which a magazine cover is included....I am considering something like this for an av. The photo and its editing and manipulation is my own creative work.

2) And why are whole threads deleted when over 50% of the pictures are amateur pics? Is there anyway to recover the amateur sections of the original thread along with the fun banter back and forth?

I ask this because I believe that both my Arches and my Expressions threads have just been taken off Lit (at least they are not accessible....no warning...no chance to rectify any offending material...no answers from Laurel. I had tried to delete other peoples postings with offending pictures, but evidently thread starters do not have the power/ability to manage their threads in this way. The sad thing is that so many people enjoyed that thread and were motivated to post pictures of themselves in yogic and other contorted positions...........This is also the case with the Amateur Asian pics thread started by ezbruno who lives in Malaysia and took his own photos. Taken down with no warning....no chance to rectify. I realize this is Laurel's perogative, but at least give people some warning.

Finally there is the question of AV's.....does Laurel own a cute little white kitten like the AV she is using now?? or is this a stock AV photo which by the definitions above is copywrited.

BTW, the AV I am using now is from a my own private art collection of ancient erotic Chinese art and I took the photo myself.

I support Lit's copywrite policy and do not want to see Lit get into any trouble. The Amateur Pics Threads have the nicest kindest people on it with none of the rancor of the GB. I have had a lot of fun posting my own photography on this board and with interacting with the many fun and witty people on this board.

 

[hongluobo]

Sorry

I have just found out that there was a warning on the Arches thread and there most likely was one on the Expressions thread as well.

Ooh - but there was a warning - I had time to post and get replies a few times on the arches thread - at least a half a day, before they went ahead and deleted it..... they posted and said to delete all the pro pics, please....

I unfortunately live in China and am not on Lit 24/7, but I am glad to hear that some courtesy was extended, although a PM would have been very nice, as a tremendous amount of time and effort goes into hosting these threads. I am also not so sure I would have been able to delete other poster's "pro pics" as I mentioned above.

 

[blitzzzkreig]

Re: several questions

My understanding is that there are exceptions to copyright protection: one is fair use, and the other is parody.

Regarding parody: copyrighted/trademarked works are not protected if they are used as a parody (that is, if no one would confuse them with the original). For instance, one could make a shirt using the Nike swoosh, as long as the shirt was a prody of Nike in some way.

Regarding fair use: usually this is for educational purposes. But, the front page of a newspaper could be used in an artist's collage. However, in that case, the artist purchased the newspaper and can use it however s/he sees fit. Electronic images are trickier.

Example (?): An image of a woman putting a Coke bottle inside herself would not violate Coca-Cola's trademark.

I'm not a lawyer, but that's my understanding. Any corrections?

1) What about the case of personally taken pictures of copywrite items?? i.e. a picture in which a magazine cover is included....I am considering something like this for an av. The photo and its editing and manipulation is my own creative work.

 

[paphian]

Re: several questions

1) What about the case of personally taken pictures of copywrite items?? i.e. a picture in which a magazine cover is included....I am considering something like this for an av. The photo and its editing and manipulation is my own creative work.

<snip>

You've gotta be careful about creating a "derivative work." If I make a photograph, and you later make a copy of my photo and modify it by incorporating it in recognizable form in a work of your own, then you may have made a derivative work and my original copyright may still apply.

Deriviative works are where copyright attorneys make the big bucks, which is a big warning sign, IMO.

 

[Linksy]

Hi! I am new here and have a question or two about copyright. I see that there is allot of confussion going on here right now. I have read that this amateur pic area is for pictures that one has taken themselves or created. I run alittle photo studio and do allot of the creative work ie. picking the lay-out, setting the lighting, developing and picking the props etc. Allot of the people who come here are looking to start a portfilo and get into modeling etc. they all sign a release so I can use the photos myself. My question is are these considered works I have created and under the rules are they allowed to be posted here? I think these would fall in the same are as pictures of people be posted by their husbands, wives, boyfriends, girlfriends etc.

 

[naughtylilgurl]

So then about 75% of the avatars should be removed...?

 

[1a2b3c]

No way!! THORS HAMMER is old symbol ! Or do dead Vikings have coyrights too???? Or does the tattoo studio now have a copyright on my right arm????

 

[Linksy]

Hi! I posted a question here over a week ago but I still have not heard anything yet. Do I take this to mean that I can go ahead and post what I want?

 

[1a2b3c]

Hi! I posted a question here over a week ago but I still have not heard anything yet. Do I take this to mean that I can go ahead and post what I want?

Your chase is no explained in those rules, I think the mods are a little bit confused what to do now. Surely be running like headless chicken to their laywers to get advice

 

[ShyGuy68]

Hi! I posted a question here over a week ago but I still have not heard anything yet. Do I take this to mean that I can go ahead and post what I want?

Since I didn't know what to answer, I didn't reply to it. The best thing to do is to PM Laurel with your question, since she knows much more about it.

 

[Guest]

 

[Linksy]

Yes, I will PM Laurel thank you for the advice. Also I just wanted to make it clear that I have control of the pics I have. In essence I own them. The people who come into my studio pay to have their photos taken and a portfolio made up for them. Some of these people can not afford the cost so they trade some of their photos in exchange. The photos are mine to use as I wish.

 

[jon.hayworth]

Linksey,

I have studied law to paralegal level in the UK - but as Copyright law in all countries is based on International Laws Berne. I can give you an answer.

If the model agreement your models sign, gives you complete control over the use of the images, then it does not matter what they intended them to be used for.

However if you are commissioned to create images for a specific purpose and you have no release then the control of displaying the images and possibly the copyright (again it depends on the agreement) belongs to the person or company who commissions the photo's. However unless you sign a draconian agreement you should at least be attributed as the creator.

The model's rights to their image seldom exists. It is a sort of urban myth. They do not create the image - the photographer is the creator. You go out on the streets shooting "Reportage" a la Cartier Bresson - the man in the street, the girl in the Bistro, the Wino - none of them have any rights to their image - you don't even have to ask their permission to take the picture or use it.

However Models actresses in the sex industry should be documented and the records kept by you - You have to be able to prove that they are not minors - don't ask me specific ages for the USA - or individual states. In the UK the requirement would be to prove the model was older than 18 years old.

I hope this helps you - if you want to know more try emailing me or we will bore everyone.

jon

 

[rexfelis]

Perhaps not terribly exciting to most, but anything I can find on the subject is of interest to me as a photographer. Thanks for the extended information.

 

[imouse]

Laurel Copyright

Thank you for the drill, which I think I understand. Fact is that I will follow this rule: If I am in doubt, I won't post! That's easy for me.

But note: there are many sights which not only permit, but urge that you do download for your own purposes. True, some say no to posting on another site, but I suspect that is for competition of exclusivity reasons. But there are others that allow you to do as you wish.

In any event I will use caution.

imouse

 

[jon.hayworth]

imouse,

Note the wording carefully - "download for your own use" - definition for personal use to create something for yourself, something for your own enjoyment. When you then post that download for others to see - it is no longer for your own enjoyment.

I know this sounds like splitting hairs - but in law courts hairs are split and resplit on a regular basis.

If you did not create it then you are not allowed to use it in any way unless the owner of the rights gave you permission. "Download for your own use". Is a conditional permission.

I'll shut up before I bore the pants off you all!

jon

 

[imouse]

Jon.Hayworth

Many thanks for your comments, with which I do agree. I think you will notice that I referred to the distinction you mentioned as there are some sites that allow your own use but not to post, while others remove all restraints.

I am going to try to abide by the law and share and enjoy erotica here on Lit, especially with us masturbators.

I really do love this thread. Of course among the many diverse opinions are the very images, word or pictures, that arouse us in our voyeurism (foreplay to masturbation). Even as I read and view I am aware of those images that arouse and those that don't; those that invite me to linger and those that I quickly pass by; those that are languid and slow and those that are in a hurrry to reach---where ever.

It is neither news nor mysterious that it is our minds at play that make us play with ourselves.

Again, thank you for the note, and I hope you will forgive/permit my free association, sharing with you some of imouse's mental processing.

imouse
I am at PM and imouseboy@aol.com

 

[hardluck]

As an IP attorney in the US, I'll just say that Jon is right
on with his advice. Very nice summary!

Linksey,

I have studied law to paralegal level in the UK - but as Copyright law in all countries is based on International Laws Berne. I can give you an answer.

If the model agreement your models sign, gives you complete control over the use of the images, then it does not matter what they intended them to be used for.

However if you are commissioned to create images for a specific purpose and you have no release then the control of displaying the images and possibly the copyright (again it depends on the agreement) belongs to the person or company who commissions the photo's. However unless you sign a draconian agreement you should at least be attributed as the creator.

The model's rights to their image seldom exists. It is a sort of urban myth. They do not create the image - the photographer is the creator. You go out on the streets shooting "Reportage" a la Cartier Bresson - the man in the street, the girl in the Bistro, the Wino - none of them have any rights to their image - you don't even have to ask their permission to take the picture or use it.

However Models actresses in the sex industry should be documented and the records kept by you - You have to be able to prove that they are not minors - don't ask me specific ages for the USA - or individual states. In the UK the requirement would be to prove the model was older than 18 years old.

I hope this helps you - if you want to know more try emailing me or we will bore everyone.

jon

 

[Viper Vic]

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[Gusty Wind]

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