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Newspaper Used 4-6 of my images without my permission - t...
  
 
Tony Rogers
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p.3 #1 · p.3 #1 · Newspaper Used 4-6 of my images without my permission - thoughts?


glort wrote:
I don't know what you call theft but I'm pretty certain that the law in most any part of the world would call that exactly theft.

The fact they asked permission showed they knew they needed it and then running the story without it was the theft. It was also belligerence and arrogance on their part in putting their own wants and desires before anyone elses.

The ramification of this could have been much more significant. Certain cultures here do not allow photographs of deceased people to be shown or published for a certain time.
If one of the people
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I think you need to do some research - copyright infringement is not theft in ANY country. It's a crime (in most jurisdictions), sure, but it is not theft. There are lots of things that are crimes without being theft - consider murder, or assault and battery. Definitely crimes, but not theft.

As for the possibility of there being other offences involved, such as the depiction of a deceased Aboriginal or Torres Strait Islander, that's sheer speculation on your part. You are trying to beat this up into something bigger than it is.

I'm more disturbed by copyright infringers who claim some kind of right to copy anything posted online. At least the newspaper asked, indicating that they knew that they had to. You might have a look at the lengthy discussion of a company that makes long boards, who have been copying images of skaters from sites and using them for advertising without credit or payment (this is more serious than a newspaper article, because it's common for photographers to be able to charge more for advertising images than for editorial images). They have been claiming that they have a right to copy the images (they are wrong).



Aug 10, 2017 at 11:35 AM
CMYK Designs
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p.3 #2 · p.3 #2 · Newspaper Used 4-6 of my images without my permission - thoughts?


Tony Rogers wrote:
"a deliberate planned theft" where the paper asked permission first? Hardly.

Seems more likely that they asked permission, got no reply before deadline, and ran the story with the images, on the basis that no one had said no.



So, Let's say I come to your front door and ring the bell so that I can enter your home. You aren't home to answer the door to tell me that I can or can't come in. In your theory, that would give me the right to just walk in? Wouldn't that be a crime?



Aug 10, 2017 at 11:41 AM
mdude85
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p.3 #3 · p.3 #3 · Newspaper Used 4-6 of my images without my permission - thoughts?


Tony Rogers wrote:
I think you need to do some research - copyright infringement is not theft in ANY country. It's a crime (in most jurisdictions), sure, but it is not theft. There are lots of things that are crimes without being theft - consider murder, or assault and battery. Definitely crimes, but not theft.



Put more simply, theft usually refers to tangible property, and so that's different from copyright infringement. The term 'infringement' denotes something different from theft.

Copyright infringement can be either criminal or civil. In most cases it is not criminal -- that's not a matter of the jurisdiction, but rather the intent.



Aug 10, 2017 at 02:19 PM
glort
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p.3 #4 · p.3 #4 · Newspaper Used 4-6 of my images without my permission - thoughts?


Tony Rogers wrote:
As for the possibility of there being other offences involved, such as the depiction of a deceased Aboriginal or Torres Strait Islander, that's sheer speculation on your part. You are trying to beat this up into something bigger than it is.


It is a distinct possibility as DID happen some weeks back. Just as much speculation to say it couldn't happen as it could. The thing is, without the paper asking as they failed to do in the local case, it's a very real distinct possibility.
It's not the actual specific case that is at issue rather the deed that is getting more widespread.

I guess some of us are more comfortable with it than others.




Aug 10, 2017 at 08:22 PM
glort
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p.3 #5 · p.3 #5 · Newspaper Used 4-6 of my images without my permission - thoughts?


CMYK Designs wrote:
So, Let's say I come to your front door and ring the bell so that I can enter your home. You aren't home to answer the door to tell me that I can or can't come in. In your theory, that would give me the right to just walk in? Wouldn't that be a crime?


I was thinking a similar thing.
You want to go dirt-bike riding/ hunting/taking pictures on someones land. You write to them asking permission but get no response ( maybe because they are on holidays or it's company owned land and the letter/email takes a month to get to the right person).

Asking with no response does not constitute permission and if they find you there, they could certainly have you arrested for trespass.
Telling the police or Judge you asked for permission and got no response so just went ahead is not going to be any sort of defense and I'd suggest severely undermine your position.

Where the notion of no response constitutes permission is some thing based on fantasy rather than law.




Aug 10, 2017 at 08:36 PM
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