----- Original Message ----- 
From: "David J Brooks"
Subject: Slightly OT: Ethical use of photos, horse show venues


> There is a two page thread over on the equine BB i help moderate, that
> started off well intended, and has now, as anticipated started into
> the copy right issue, brought up by some upset Mom who thinks it is ok
> to lift proofs from websites and post on facebook etc.
>
> She claims, and say's she has a copy right book by her side, that
> because the photos are taken at a public event, in a public place with
> out consent of the riders.(we have the consent of the park owners)
> that the photographer holds no copyright and if we do not post a no
> right click or water mark on the photo(most of us do the latter) then
> they are fair game.
>
> Any comments on this. This is for Canadian shows, but i'll assume most
> portions of law would hold true in the USA as well.
>

Under Canadian law, in the absence of an agreement to the contrary, the first 
owner of copyright
is the person who paid to have the pictures taken. In the absence of a specific 
client (pictures
shot on speculation with the intent of selling them later fits this category), 
then the
photographer is the first owner of copyright.
It matters not where the picture was taken, whether permission to take the 
picture was granted,
or if the picture was taken on private or public property.
If you weren't paid to take the picture, you are the first owner of copyright.

As others have said, you have to live with a little bit of theft if you put 
something on the
web. It's unfortunate, but people do lift stuff for personal use, and all you 
can do is make it
difficult for them to do it.

I'd hunt down the pictures that have been lifted and put on facebook, including 
hunting down her 
horsey friends that use facebook to see if they have lifted anything of yours 
as well, and file 
a breach of copyright complaint with facebook.
That'd teach em.

William Robb




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