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RE: Photo Reposting Accounts: Photographers, What Do You Think?

in #photography8 years ago

To fully understand the term "fair use" you first need to understand the word "fair".

Correct me if I'm wrong, but didn't you say @photo-trail is currently asking for permission to use photos? If I got this right, I don't see what your problem is with them publishing the photos and getting rewards for it. Neither do I see a problem in them not sharing the rewards after the fact. This has nothing to do with "fair use" policies concerning copyright.

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"Correct me if I'm wrong, but didn't you say @photo-trail is currently asking for permission to use photos?" - I most certainly said that. I also said that @photo-trail didn't use to ask for permission and my work and that of other photographers was published without our permission, which is a case of copyright infringement.

"If I got this right, I don't see what your problem is with them publishing the photos and getting rewards for it." - You didn't get it right, read the explanation above.

"Neither do I see a problem in them not sharing the rewards after the fact." - In fact this is exactly what creates a copyright infringement - you can't sue anyone for using other people's work, unless they've used it for their own profit without an agreement with the original author.

"This has nothing to do with "fair use" policies concerning copyright." - Exactly! As I said, @photo-trail is not using our work under the conditions of "fair use", therefore it is a case of copyright infringement.

@gamer000, you are either @photo-trail himself and / or have no idea of copyright. You should clearly see that everyone here agrees what copyright is and that using other people's work without their permission is not only unethical, but also illegal. I hope you don't mind if I don't continue this conversation, as I don't see the point in arguing with someone who is trying to justify stealing other people's work.

@gamer000 [sic], you are either @photo-trail himself and / or have no idea of copyright.

This is the weirdest accusation I've seen to day. I have no idea who runs @photo-trail, but copyright is something I've had to research for decades because of misguided people on the Internet. I would dare to say I might know more about copyright issues than even you.

Then this:

In fact this [profit after permission to publish] is exactly what creates a copyright infringement - you can't sue anyone for using other people's work, unless they've used it for their own profit without an agreement with the original author.

That's bull. Copyright doesn't concern with profit, it is only about the right to disseminate other peoples' works. You can sue just about anyone (and the bigger you are, the more you can sue) whether they make profit off your copyrights or not.

You should clearly see that everyone here agrees what copyright is

"Everyone agrees" is not a fact on copyright, it's an appeal to popularity, nothing more. I have studied copyright to death and AFAIK it simply isn't what you claim it is.

Let me clarify: You are not wrong in what you are basically saying, that copyright is a means for you to control who and how others can share your works. But what I'm arguing against is, that as giving a permission to use your copyrighted works, you will not get to dictate the terms of the agreement after the agreement has already been made.

using other people's work without their permission is not only unethical, but also illegal

Of course. I was not arguing otherwise. What I am arguing is, that after you have given permission, then it is perfectly ethical and legal for the receiver of permission to publish the work, whether it is for free or for profit.

I hope you don't mind if I don't continue this conversation, as I don't see the point in arguing with someone who is trying to justify stealing other people's work.

Well I do mind, because you just claimed I am "trying to justify stealing", and that just isn't true. Do you know what libel is?