On Wed, Jul 02, 2008 at 07:21:57AM -0400, David J Brooks wrote:
> 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.

She's got it completely backwards.

The relevance of being in a 'public place' (which, in itself, seems
questionable if there are park 'owners' other than a public authority)
is that the *subject* (not the photographer) has no ownership of the
image, and can't prevent the photographer publishing the image.

The photographer always owns rights in the image from the moment the
shutter release is pressed.

And, in any case, *somebody* owns the copyright - what she is doing
is stealing, plain and simple.


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