I haven't followed most of this thread, but "licensed to Facebook and to anyone with whom the images are shared" still includes significant restrictions about how the images can be used and by whom...

Benjamin D. Bloom
802-578-2679
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On Sun, Nov 16, 2014 at 7:41 PM, Nathan Bryant <[log in to unmask]> wrote:
Aside from the freudian typo (public blog?), the photo was uploaded to Facebook, where any images that are posted are subject to a copyright release and license to facebook and to anyone with whom the images are shared... guess Jeff didn't read the fine print. :-)

On 11/14/2014 7:50 PM, Leigh Daboll wrote:
  Hi Jeff;

I assume that you are an American, and I assume that you uploaded these
photos to a pubic blog somewhere.  While it is true that you have a
"copyright" over the photos, and the mere act of uploading your photos to a
website or blog does not mean that you lose copyright protection, you have
to realize that it is easy for people to reproduce photos they find on the
internet.  I also suspect that you did not formally register the copyright.
In the US, statutory damages for "stealing" unregistered photos are often
miniscule or non-existent absent such formal registration. Rules do vary,
however, by country.

It is therefore a good idea to take some practical measures to help protect
against re-use in the future. For example, you should consider watermarking
your photos with your name and
the copyright notice, as this may also give you an additional rights if
someone removes the watermark. You should also put a clear statement on your
website about copyright and how
people can get permission if they want to use your work.

You should also be careful to read any relevant terms and conditions if you
want to upload your photos to websites and social media sites that are not
controlled by you. This is because, in order to use many of these sites, you
have to grant certain rights in your work to the organization. In this case,
I suspect that you have granted unfettered re-use of those photos via the
terms of your upload site.

In the future, you’ll need to ensure you are comfortable with the terms and
that any rights granted are in line with what you want to do with your
photos later. For example, if you know you may want to sell copyright in
your photos to someone else at a later date, you should not upload them to
social media sites that change the rights of reuse of your photos.

Back to the issue of damages if you are not a registrant at the time of
reuse.  Here is a snippet of the relevant law in the US:

17 U.S. Code § 412 - Registration as prerequisite to certain remedies for
infringement

In any action under this title, other than an action brought for a violation
of the rights of the author under section 106A (a), an action for
infringement of the copyright of a work that has been preregistered under
section 408 (f) before the commencement of the infringement and that has an
effective date of registration not later than the earlier of 3 months after
the first publication of the work or 1 month after the copyright owner has
learned of the infringement, or an action instituted under section 411 (c),
no award of statutory damages or of attorney’s fees, as provided by sections
504 and 505, shall be made for—

  (1) any infringement of copyright in an unpublished work commenced before
the effective date of its registration; or

  (2) any infringement of copyright commenced after first publication of the
work and before the effective date of its registration, unless such
registration is made within three months after the first publication of the
work.

Just wanted you to know the rules, Jeff.

LEIGH

 
-----Original Message-----
From: Vermont Skiing Discussion and Snow Reports
[mailto:[log in to unmask]] On Behalf Of Jeff Ginnis
Sent: Friday, November 14, 2014 7:27 PM
To: [log in to unmask]
Subject: Re: [SKIVT-L] avalanche

Why are you stealing my picture, my comments, and my personal picture ? You
don't even show your own name here. If you think you want to criticize
others skiing decisions at least don't steal and post other's info out of
context. You obvious knew who I was, you blacked my name out,  if you had
any questions about how we climbed and skied this mountain you should have
asked right where you stole it from. Don't take my comments to my friends in
an aside to a picture in remembrance of a classic ski trip as avalanche
teaching or advise, you also shouldn't use it as such. Now take down my
pictures. Get a clue. What do you know about avalanches ? You may have
noticed in the other comments that the Burton team shot a video there the
next day, also not too concerned over the avalanche danger. Sorrrrrrrry I
got you sooooo upset that I was worried a little bit, it was a big mountain.
Oh and we had 3 experienced professional guides that day. Shut up with your
wisdom. TAKE MY STOLEN PIC!
  S DOWN FROM THIS SITE

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