Copyright infringement?

[Brooks]

Originally Posted by Mark McCall

About the legal end of this....

I share moderation duties with a photograhic legal expert on another forum.

This has come up before. Here's her spin:
It is legal to post an image you did not take to any online discussion or in print if it's for editorial purposes, and does not damage the integrity, reputation, or financial status of the creator.

BUT....I do agree that permission should have been obtained.

I would think that if the website sells any advertising then that's a commercial use.

The poster of the photo might not be financially gaining from the situation but I would think that the only reason the website/forum owner is able to charge for advertising is because the content of that website/forum attracts viewers. Therefore any and all content, including any images or writing, is being used commercially to generate revenue through advertising.

In fact, I bet the terms of usage for posting on that website require the poster to relinquish most rights, facilitating the sale of the actual website and its content to another owner at some time in the future.

Ask her again.

[CI Photography]

Originally Posted by Gbee

WOW! He turned out to be one of those .... sorry about that,been the victim of such behaviour in the past on The Internet's REAL Wild West; DPreview.

The internet's real wild west; DPreview Now thats funny, but so true. Here's a Karma for ya.


Joe