Who owns the photos?
11-01-2007, 04:13 PM
#71
OSO Content Provider
Commercial Member
I have been offered photos from someone that does plan on vacationing there next week..
So an interesting twist.
A person take pics of boats out in the Gulf while on his vacation from November 6th thru the 11th.
They return home and give me the photos and says do what I want with them.
How could this be illegal for me when I never even stepped in the state?
11-01-2007, 04:16 PM
#72
Geronimo36
Gold Member
I will not be taking any pics of them in Key West this year.
I have been offered photos from someone that does plan on vacationing there next week..
So an interesting twist.
A person take pics of boats out in the Gulf while on his vacation from November 6th thru the 11th.
They return home and give me the photos and says do what I want with them.
How could this be illegal for me when I never even stepped in the state?
I have been offered photos from someone that does plan on vacationing there next week..
So an interesting twist.
A person take pics of boats out in the Gulf while on his vacation from November 6th thru the 11th.
They return home and give me the photos and says do what I want with them.
How could this be illegal for me when I never even stepped in the state?
11-01-2007, 04:36 PM
#73
Geronimo36
Gold Member
Public Domain as I know it is anything that's available to the public which does not have a copyright. Are we talking about the same thing here or are we talking about just "open to the public"?
"“Public domain” is not a place, but rather a concept where a work of authorship is no longer under copyright protection or the author “releases” the work to the general public to use without compensation."
"Myth #14: If it's in the public domain, I am free to use it.
Fact: Not so fast. While most of the material that has fallen into the public domain is indeed free for the public to use, there are some public domain works that are still protected in other ways. Some public domain art works may be protected by trademark law, though a recent Supreme Court case may limit the extent to which trademark law can be used to restrict works otherwise in the public domain. Other works may be in the public domain in one country, but still under copyright protection in another country. I know this may sound counterintuitive, and "public domain" should really be public. But if you are considering using a public domain work or incorporating it into your work (in a "derivative work"), you should perform some due diligence and determine who, if anyone, still retains rights to it - just to make sure it is free and clear. Keep in mind also, that if a work is in the public domain, you cannot copyright it for yourself."
"“Public domain” is not a place, but rather a concept where a work of authorship is no longer under copyright protection or the author “releases” the work to the general public to use without compensation."
"Myth #14: If it's in the public domain, I am free to use it.
Fact: Not so fast. While most of the material that has fallen into the public domain is indeed free for the public to use, there are some public domain works that are still protected in other ways. Some public domain art works may be protected by trademark law, though a recent Supreme Court case may limit the extent to which trademark law can be used to restrict works otherwise in the public domain. Other works may be in the public domain in one country, but still under copyright protection in another country. I know this may sound counterintuitive, and "public domain" should really be public. But if you are considering using a public domain work or incorporating it into your work (in a "derivative work"), you should perform some due diligence and determine who, if anyone, still retains rights to it - just to make sure it is free and clear. Keep in mind also, that if a work is in the public domain, you cannot copyright it for yourself."
Last edited by Panther; 11-01-2007 at 04:46 PM.
11-01-2007, 05:38 PM
#74
OSO Content Provider
Commercial Member
Ok then, in a completely hypothetical situation:
If someone takes pic of you in your boat on a run. That photog owns the rights to the pics and can sell it to whomever they want. Right? And if the pic gets sold to multiple major publications and gets a nice paycheck for that photo, it is fine. That even though an organization paid for the event & that the owner who also paid to enter the event, has abosolutely NO RIGHTS and deserves no compensation nor notority. It's the photographer that owns ALL the RIGHTS and ALL the PROCEEDS. Do you agree?
If someone takes pic of you in your boat on a run. That photog owns the rights to the pics and can sell it to whomever they want. Right? And if the pic gets sold to multiple major publications and gets a nice paycheck for that photo, it is fine. That even though an organization paid for the event & that the owner who also paid to enter the event, has abosolutely NO RIGHTS and deserves no compensation nor notority. It's the photographer that owns ALL the RIGHTS and ALL the PROCEEDS. Do you agree?
As long as it was the photographer that sold the image to the multiple major publications and not the person that bought an image. The purchaser would need to have in writing a Copyright License Agreement that clearly states that they are allowed to sell it to third parties.
That is another reason you see magazines having to pay out judgements for printing photographs that they did not have a license to use contract from the photographer.
If I have the information of the person and boat I usually will include it and let the magazine determine if they are to add it to the image. In my case where I submitted photos of the Atlantic City Poker Run to H2O Full Throttle Magazine, you will see the names were included with the images. The Poker Run Club as well got 6 pages of notority.
If an organizor doesn't see a value in the publicity from a photgrapher's work, then perhaps we should all stop taking pictures of those events ....
11-01-2007, 06:58 PM
#75
OSO Content Provider
Commercial Member
[QUOTELucididee]"I think the bottom line is you can take a picture wherever you want and pretty much do what you want with them. But the gray line and controversy starts when they are sold for a profit."
Thank you .......... THAT is the bottom line is this particular instance.......AND... another party brought the photographer in to shoot for them.
Just my .02 because I was there....I'm honestly not taking sides due to my affiliation, I try very hard to see both sides of stuff......and there are big mis-understandings here. Bashers, feel free, I am not family.
I am glad I finally got to meet you Sharkey......sorry I didn't have more time to talk to you. After KW I will. Hang in there. PD
Thank you .......... THAT is the bottom line is this particular instance.......AND... another party brought the photographer in to shoot for them.
Just my .02 because I was there....I'm honestly not taking sides due to my affiliation, I try very hard to see both sides of stuff......and there are big mis-understandings here. Bashers, feel free, I am not family.
I am glad I finally got to meet you Sharkey......sorry I didn't have more time to talk to you. After KW I will. Hang in there. PD
I still have not received a copy of the contract that they said they would send. I have honored the request of not selling the images so far, even though my attorney had advised me that being as I didn't sign anything there is nothing stopping me from doing so.
Pat, It was nice to finally meet you as well. I am not sure if I will be attending any future races anytime soon.
Take care!
Last edited by SHARKEY-IMAGES; 11-01-2007 at 07:00 PM.
11-02-2007, 05:41 AM
#76
PHIL
VIP Member
JUST GO TAKE YOUR PHOTOS - THEY ARE YOURS - IGNORE SBI - AND HAVE FUN -
ITS MONEY MONEY MONEY FOR THEM - AND THEY KNOW THEY CAN NOT CONTROL THE AIR SPACE OVER THE RACE - THEY MIGHT SAY IT IS IN A "NOTAM" AREA - THAT MEANS - NOTICE TO AIRMEN - SAYING - USUALLY -
"CAUTION - MANY AIRCRAFT - ETC. - BUT THEY CAN NOT RESTRICT FREE TRADE - ITS EITHER OPEN TO ALL OR NONE." NOT THEIR ANOITED AIRCRAFT - AT ALL
GO TAKE YOUR PHOTOS - SELL THEM TO WHOM EVER YOU WANT - AND ENJOY LIFE -
DONT LET SBI GET TO YOU - THEY HAVE NO POWER OTHER THAN THEY LOVE TO HEAR THE SOUND OF THEIR OWN VOICE !
PHIL
[email protected]
ITS MONEY MONEY MONEY FOR THEM - AND THEY KNOW THEY CAN NOT CONTROL THE AIR SPACE OVER THE RACE - THEY MIGHT SAY IT IS IN A "NOTAM" AREA - THAT MEANS - NOTICE TO AIRMEN - SAYING - USUALLY -
"CAUTION - MANY AIRCRAFT - ETC. - BUT THEY CAN NOT RESTRICT FREE TRADE - ITS EITHER OPEN TO ALL OR NONE." NOT THEIR ANOITED AIRCRAFT - AT ALL
GO TAKE YOUR PHOTOS - SELL THEM TO WHOM EVER YOU WANT - AND ENJOY LIFE -
DONT LET SBI GET TO YOU - THEY HAVE NO POWER OTHER THAN THEY LOVE TO HEAR THE SOUND OF THEIR OWN VOICE !
PHIL
[email protected]
11-02-2007, 11:03 AM
#77
Registered
Maybe SBI would like copies to use in future advertiesment and that is why they are asking for copys and copyrights? But to pay them money to shoot is the interesting one. Unless you are flying in a heli that during the even for you would be flying over the race course would be something for insurance reasons? Also dosnet this topic come up around this time every year? seem to remember a thread last year about the keys and photos.
11-02-2007, 12:22 PM
#78
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Really?
We welcome the press, media and photographers with open arms. No fees to pay, just a big thank you for attending our race in Destin and helping to promote the sport of Offshore Powerboat Racing.
You can even sell the images if you want and we'll still say thanks for attending.
See ya next week in Destin.
You can even sell the images if you want and we'll still say thanks for attending.
See ya next week in Destin.
11-02-2007, 12:25 PM
#79
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Not classy, just someone that realizes that our racers need to give thier sponsors some real value for thier money spent and seeing photos on the net and in magazine is part of the equastion.
The racers need to be given every opportunity to promote themselves, thier team and thier sponsor. The media is what makes that happen, so why not welcome them with open arms so that they attend more of our races.
Frankly, OSS and SBI should consider paying the media's expenses for attending, not driving them away.
The racers need to be given every opportunity to promote themselves, thier team and thier sponsor. The media is what makes that happen, so why not welcome them with open arms so that they attend more of our races.
Frankly, OSS and SBI should consider paying the media's expenses for attending, not driving them away.
