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Old 08-10-2018, 10:40 AM   #1
GW
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Copyright and Bird Law Lawyerings

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Originally Posted by odurandina View Post


This is copyrighted work. Is it yours, or did you get permission to post it?
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Old 08-10-2018, 10:48 AM   #2
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

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Originally Posted by GW View Post
This is copyrighted work. Is it yours, or did you get permission to post it?
From an ethical standpoint, he never claimed it was his and he left the watermark on the photo. Nor is he using it for personal gain. I don't see what the issue is and why you feel the need to call it out?

Of course, the legality is another question (that I don't know the answer to) but that is odurandina's risk to take.
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Old 08-10-2018, 11:40 AM   #3
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Originally Posted by FenwayResident View Post
From an ethical standpoint, he never claimed it was his and he left the watermark on the photo. Nor is he using it for personal gain. I don't see what the issue is and why you feel the need to call it out?

Of course, the legality is another question (that I don't know the answer to) but that is odurandina's risk to take.
You still need permission from the person to share unless it says on the owner's website that permission is given and even then you would need to leave a link to the original site.

Honestly, I dislike people that use pictures without asking for permission because how would the original owner ever find out that someone sharing his/her picture? Photographers do lose money because of people like this. I agree with call out and I'd tell the owner about it too if permission wasn't granted.
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Old 08-10-2018, 12:04 PM   #4
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

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Originally Posted by KentXie View Post
You still need permission from the person to share unless it says on the owner's website that permission is given and even then you would need to leave a link to the original site.

Honestly, I dislike people that use pictures without asking for permission because how would the original owner ever find out that someone sharing his/her picture? Photographers do lose money because of people like this. I agree with call out and I'd tell the owner about it too if permission wasn't granted.
Is this a different issue than, say, sharing a random pic I found on flickr? (keeping the links showing) Is it because Odurandina uploaded it onto his personal photobucket? I share pics from flickr all the time (mainly on SSC but also in the flickr thread here) without asking for permission. I just make a point to use the BB Code so everybody can see where it came from, and typically say "from flickr" so I'm not insinuating that it's my own work. (note that the deluge of pics I post on this building were taken by me)
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Old 08-10-2018, 12:16 PM   #5
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

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Originally Posted by DZH22 View Post
Is this a different issue than, say, sharing a random pic I found on flickr? (keeping the links showing) Is it because Odurandina uploaded it onto his personal photobucket? I share pics from flickr all the time (mainly on SSC but also in the flickr thread here) without asking for permission. I just make a point to use the BB Code so everybody can see where it came from, and typically say "from flickr" so I'm not insinuating that it's my own work. (note that the deluge of pics I post on this building were taken by me)
Since you're attributing the work and linking it back to the source, then it should be fine unless the person explicitly notes in its copyrights that sharing is not allowed under any circumstance. Of course, if the photographer declare his/her picture as public domain, then there's no need to link it. Btw SSC is(was?) rampant with copyright infringement. I remember seeing threads being deleted because of improper attributing.

Here's a link to a site that explains it way better than I can:
https://blog.kenkaminesky.com/2017/0...s-infographic/

Last edited by KentXie; 08-10-2018 at 12:27 PM.
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Old 08-10-2018, 01:50 PM   #6
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

I love watching non-lawyers arguing about copyright laws . . .
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Old 08-10-2018, 05:29 PM   #7
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

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Originally Posted by TallIsGood View Post
I love watching non-lawyers arguing about copyright laws . . .
+1
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Old 08-11-2018, 12:03 AM   #8
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

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I love watching non-lawyers arguing about copyright laws . . .
OBJECTION
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Old 08-11-2018, 12:22 AM   #9
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

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Old 08-11-2018, 02:32 PM   #10
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

It seems like you have a tenuous grasp on the English language in general.
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Old 08-11-2018, 04:46 PM   #11
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

For the photo in dispute, this is the photographer's website.
http://mattmacpherson.com/

The photographer has posted a license agreement on his website.

Quote:
Use the form on the right to request an image license. After hitting submit you will be sent an invoice with a thumbnail via email. Reply to this email with any concerns, or pay this invoice as is to receive the image via a second email. PayPal and all major credit cards accepted.

Terms and Conditions for All Licenses
SUBLICENSING of image from buyer to a third party not majority-owned by buyer is prohibited. DURATION OF USE is unlimited unless specified on the invoice. EXCLUSIVITY of the image is not limited to buyer; Seller reserves the right to license same image to multiple parties. FEE is invoiced to parties found using an image commercially without license. This fee is $6000 at 1% monthly compounded interest. Don't steal please! SELLER reserves the right to deny any license request.
I recommend that a moderator take the image down; its posting here is a clear violation of copyright. (As far as I can tell, it appears nowhere else on the Web, so its not in public domain, nor does the photographer intend it to be such.)
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Old 08-11-2018, 07:15 PM   #12
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

And you are sure itís not subject to the fair use exception?

Last edited by TallIsGood; 08-11-2018 at 09:51 PM.
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Old 08-11-2018, 08:02 PM   #13
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

I've been a lawyer for many decades. People pay me large sums of money for advice that can be broken down to a few simple principles:

1) Don't act like a jackass.
2) Don't throw good money after bad.
3) If you have something to lose, walk away.
4) Always wait for a clear shot.
5) Its OK to act in anger only when there are no witnesses.

Seems like Dog Rule 1 covers this. Take it down.
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Old 08-11-2018, 08:05 PM   #14
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

Here's his original picture. He posts everything, fully shareable, on flickr. I think Odurandina may have photoshopped in the render of 1 Dalton.

Boston, Massachusetts. by matthew macpherson, on Flickr
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Old 08-12-2018, 09:01 AM   #15
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

Quote:
Originally Posted by TallIsGood View Post
And you are sure itís not subject to the fair use exception?
Very unlikely. As published in this forum, it does not qualify for a fair use exception, which may be granted for news, commentary, criticism, research, etc.

Odurandina'a apparent photoshopping of a copyrighted work is probably not a derivative work and thus entitled to its own protection, but copyright law is above my pay scale. See also:
https://fairuse.stanford.edu/2014/12...-cheshire-cat/

That it is posted on flickr is immaterial, in that copyright is not extinguished by publication on flickr.
https://www.flickr.com/creativecommons/
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Old 08-12-2018, 09:40 AM   #16
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

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Originally Posted by DZH22 View Post
Here's his original picture. He posts everything, fully shareable, on flickr. I think Odurandina may have photoshopped in the render of 1 Dalton.
"All rights reserved"
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Old 08-12-2018, 10:29 AM   #17
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

Quote:
Originally Posted by TallIsGood View Post
I love watching non-lawyers arguing about copyright laws . . .
Yea, this. And then there is the threat to notify the photographer. There's something unsettling about that post/comment on a magnitude many times beyond a single instance of alleged copyright infringement. There's malicious intent there.

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"All rights reserved"
Do you think this means something?
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Old 08-12-2018, 10:46 AM   #18
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

it's all idiotic, if not malicious. if oudouranda (however you spell that...) was making $$$ off it, it'd be one thing. what a lot of hot air over nothing.
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Old 08-12-2018, 01:17 PM   #19
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

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Originally Posted by chrisbrat View Post
it's all idiotic, if not malicious. if oudouranda (however you spell that...) was making $$$ off it, it'd be one thing. what a lot of hot air over nothing.
Agreed. It's like that woman in LA who yells at kids selling candy because they don't have a street vendor permit. Who cares, even if it might be technically illegal?
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Old 08-12-2018, 02:03 PM   #20
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Re: Four Seasons Tower @ CSC | 1 Dalton Street | Back Bay

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Originally Posted by chrisbrat View Post
it's all idiotic, if not malicious. if oudouranda (however you spell that...) was making $$$ off it, it'd be one thing. what a lot of hot air over nothing.
This is probably the most idiotic post so far. We don't make money off of B&T articles but we've been requested not to post their articles because they are copyrighted and they use their articles as a source of revenue. And for the longest time, they were unaware of us posting their entire articles on this forum until they happened upon it.

This is no different than a photographer who may depend on their photos as a source of their revenue.
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