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daogirl

Slightly OT: Image usage/stolen images

I didn't want to hijack the other thread, or bump up a really old one, but the discussion of having images that you've taken used by someone else is something that I am familiar with, and I thought it might be useful to lay out what I know about using/not using other people's images. So, if you find out that your images are appearing other places (since that seems to be a problem with plumeria pix particularly!!), here's what you should know:

1. If you take a photograph, you own the copyright. You do not need to register it, watermark it, or anything else - it's a creative work, and the rights to it are yours by default.

2. Images found on the Internet are NOT available for free use, unless you have explicit permission from the copyright owner. For example, if you look at someone's Flickr pictures, there should be some sort of statement about how the images can be used (all rights reserved, creative commons licensing, public domain, etc.). If there's no such statement, you assume that you MUST get permission in order to use the image (not the reverse).

3. Unauthorized use of images is legally actionable. There's a whole range of responses, from sending a DMCA (digital millennium copyright act) take-down notice to actually getting a lawyer and suing (it happens). This is true whether the stolen images are being using on a personal blog, a non-profit website, or someone's EBay page. Ignorance of an image's usage rights is not a legally acceptable excuse.
Here's an example of someone learning the hard way (plus an interesting discussion of the legality of Pinterest):
http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get-sued-for-using-pics-on-your-blog.html

Sorry, not trying to lecture (even though this is a lecture topic for my web design and photo students!) -- I just want those of you who post pictures to know that you do have rights, even if your picture is not watermarked, or you've posted it in a public forum! Also, if someone has taken one of your pictures and has re-cropped, or flipped, or otherwise Photoshopped it, it does NOT mean it is now theirs. It's still yours, still under your control. An extreme example of this would be the AP photographer's lawsuit against Shepard Fairey for his use of the Obama photo that was the source of his famous "HOPE" poster. The photographer sued SF for copyright infringement, and won. I'm not saying anyone should run around suing people -- just wanted to illustrate how far your ownership actually extends.

If you think your images are being used, or you just want to check, you can use Google's reverse image search to find all the places on the web where your image appears. Just go to the main Google images search page, and click on the camera icon on the right end of the search box. You can then upload the image you want Google to look for. It's pretty cool.

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