you gotta be kidding me...

[jj1987]

My apologies, I do hate to intervene, I guess I take the libertarian approach to moderation.

I'm pretty libertarian myself, but please do feel free to delete any posts from Jax

[Nitrogenius]

I do applaud cmint. So many people complain about things they see but never comfront the person. I would only hope people would call me out in person if I exhibited poor skills or choices while diving.

I would applaud, if in fact this was what happened.
What happened here, is that he knows the guy. They are at the same dive site..
But this discussion has to take place via CDF and at no time it was mentioned that the actually had been confronted on site.
That would have had an impact.. Surely on the student..
If this here helps.. I am with the shame is probably doing no good crowd..
Get the agencies involved or discuss it with the guy directly..

[Nitrogenius]

Either way, the creator bothered to include a watermark, and is a fellow diver. Common courtesy would suggest asking the artist for permission before using their work in the way it was used here.

tend to disagree here.. Already has been stated that it was taken from facebook.
So it already was in the public realm.. no copyright protection on FB afaik..
As it goes for the watermark? Well I never understood why someone would bother to do so and then give up all rights putting the stuff on FB..

[Benderr]

tend to disagree here.. Already has been stated that it was taken from facebook.
So it already was in the public realm.. no copyright protection on FB afaik..
As it goes for the watermark? Well I never understood why someone would bother to do so and then give up all rights putting the stuff on FB..

Unless those photos were taken before the 1920's, "Public Domain" doesn't apply.

Posting something on the internet does not void copyright protections. And even the fair use exception has caveats. If the photographer doesn't want his/her photo used to shame or criticize a diver, that's enough to shoot down any fair rights claim.

[Nitrogenius]

Unless those photos were taken before the 1920's, "Public Domain" doesn't apply.

Posting something on the internet does not void copyright protections. And even the fair use exception has caveats. If the photographer doesn't want his/her photo used to shame or criticize a diver, that's enough to shoot down any fair rights claim.

I suggest carefully reading the terms and conditions of using facebook..
AFAIK you literally give up your copyright right by posting images on facebook, the language if I recollect correctly goes along the lines that you consent to this by posting such images..


P.S.: ok I double checked.. you do not give up the copyright, but you grant facebook and its users a free license to use the image..
Not a lawyer here, but in my eyes that means, everybody can do anything with pics on facebook as long as being a user..
hence no need to ask the photographer anything he already granted a free license by posting the pic..

[jlillest]

P.S.: ok I double checked.. you do not give up the copyright, but you grant facebook and its users a free license to use the image..

That right only gets transferred to Facebook and it's affiliates, not it's users. Usual practice suggests otherwise, but it's still common courtesy to not infringe on someone else's work without at least letting them know.

-Jon

[mdax]

Nonsense, if someone uses an img link and pulls in a publicly shared image it is not a copyright violation...unless you also think googles image search violates copyright....you'd be wrong. https://www.eff.org/cases/perfect-10-v-google

That doesn't even address the fact that CRITICISM is a specifically mentioned fair use in section 107 of the copyright act.

[jlillest]

Nonsense, if someone uses an img link and pulls in a publicly shared image it is not a copyright violation...unless you also think googles image search violates copyright....you'd be wrong. https://www.eff.org/cases/perfect-10-v-google

That doesn't even address the fact that CRITICISM is a specifically mentioned fair use in section 107 of the copyright act.

Fair enough, but there's a big gap between linking an image and getting a free license to use someone's image. I was responding to Nitrogenius's comment that Facebook user's get a free license, which is not true.

So, as stated in the EFF article above, you can index and image link people's work(fair use) but you can't pass off the work as your own or print it on Tshirts and sell it as your own.

-Jon

[Nitrogenius]

Fair enough, but there's a big gap between linking an image and getting a free license to use someone's image. I was responding to Nitrogenius's comment that Facebook user's get a free license, which is not true.

If that was the case (I am still thinking otherwise), how is sharing other members posts supposed to work legally?

[OWSI176288]

WOW......talk about a detailed tread.