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From: barackobrahma
, 88 months, post #1 |
I've saw a captioner, afaik, with good reasons, complaining about
having it's work stolen today. And thats not the first, or second
time, Ive saw that happening.
I dont wanna sound douch or anything, so if I do, Im sorry by
antecipation... Im really fan of these folks and their work. If I
saw they complaining, that should give a hint that I appreciate
their work and visit their sites/blogs/vlogs/etc regularly.
But, whenever I saw this happening (My memory doesnt help me... I
cant recall who were the captioner or stealer at the time :P ), I
wonder if a captioner also asks for permission for every photo used
or have any policy to prevent the same thing happening in a
backward fashion: they doing the stealing.
Once I saw a camgirl really upset because a captioner used her
photo without any prior authorization. If Im not wrong, it was
Princess Dust, but I dont remember her showing the caption, linking
it or so on, so I cannot tell if it was a tg caption, or any other
kind.
Talking about practical ways, I think it's almost impossible to hit
a caption per month if you gonna ask every model about the
permission. But... as a fellow scientist once told me, scientists
has the same problem when using pics from others. Usually, they
cant wait the proper authorization, so they just cites others
works, without asking. She said to me that that is really common
among her peers doing that.
@CJ, I really wanna hear your thoughts bout this! =P
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From: guest (Kingster)
, 88 months, post #2 |
As I am not a lawyer (and I did not stay at a Holiday Inn Express
last night), I do not pretend to be giving legal advice. However,
there are some rights to use others works in certain circumstances.
"The doctrine of fair use may make it legally permissible for you
to use a copyrighted work without permission for purposes such as
commentary, criticism, parody, news reporting, and scholarship." -
(http://www.dmlp.org/legal-guide/using-work-others)
Another place to look would be:
https://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody
I would say that our use is not for profit in all but MAYBE a few
cases, limited in exposure, the works may or may not be trademarked
or copyrighted, and we are using them arguably for parody.
Aside, we are taking a risk using pics from the internet without
permission as the above is a affirmative defense not a bar to a
lawsuit.
JMHO and thoughts
~K
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From: Lady Sekhmet
, 88 months, post #3 |
It's a little ironic considering that essentially ZERO images used
for captions are actually owned by the captioner.
Perhaps your friend should watermark their captions. Or just
remember that imitation is the sincerest form of flattery.
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From: guest (SwitchHitter)
, 88 months, post #4 |
I am the captioner in question. I apologize for this becoming a
thing. No I obviously do not own all the images on the internet
that I use for my caps however I do put a ton of effort into
creating and posting 3-4 caps daily for the past several years. I
tend to choose pics that you can reverse Google image search and
find a ton of copies of. I never like to use pics that dont turn up
a search result. It feels too personal and also the reason i don't
use pics people send me because they're sometimes of people they
know.
I got upset because i found my caps being posted on a deviantart
page without my knowing. So I asked the person if they could remove
it and they said I had to prove I was myself and that anyone could
just say they were me and ask to take it down. It wasn't anything
to do with me not watermarking. It was the person in question not
believing who i said I was.
I am flattered that they enjoy my work and want to share it but it
feels weird to see someone posting my stuff for their own
popularity. Is that wrong of me? I wasn't the only captioner who
they were taking from BTW. But yeah I guess since I own ZERO images
used for my caps then I don't have the right to be upset.
This is probably a good time for me to take another break from
capping. Sometimes it's just not worth all the effort.
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From: guest (guest)
, 88 months, post #5 |
not sure if OP is the one whos been stealing photos, but fuck off.
your argument about them not asking for permission for the pics
doesnt make it okay for someone to steal their caption work and
play it off as their own. what kind of an argument is that? because
someone else is stealing it makes it okay for you to?
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From: barackobrahma
, 88 months, post #6 |
@Kingster
Didnt knew the concept of Fair Use. Thanks for the enlightenment!
@Lady Sekhmet
I will take that in mind if I start a captioning blog someday!
@Brad
Indeed, I posted this because of your post, but you should not
apologise or anything like that. Maybe I should, because of my lack
of sensitivity to what happened to you. But the thing is, I really
wanted to talk about it... I want to know your, as well fellow
captioners, what do you think about it.
As Kingster said, your work might fit into Fair Use! =]
@Guest #5
No, it wasn't the OP. And, that wasnt the OP argument, because the
OP wasnt defending any stealing... the OP was just intrigued about
something bugging his mind for a long time, and decided on the
worst moment to ask about it. No need to be aggressive!
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From: guest (tru1)
, 88 months, post #7 |
hmmmm....more selective application of/or belief in copyright from
metamorphose ...what a surprise ....wishy washy bullshit
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From: Lady Sekhmet
, 88 months, post #8 |
I'm quite sure this site has a very strict interpretation of
copyright. We do not, however, have any control over what happens
outside this site nor do we have any reason to interfere with
intelligent discussions about it.
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From: Alias
, 88 months, post #9 |
I'm not sure if the parody definition from fair use applies here,
but it could be argued to be a transformative work. A big factor is
whether there's a commercial factor, if there's money being charged
for the end result. You'll have a better chance legally if you're
not trying to make money off the work in question.
And yeah, there's differences in the application of copyright here,
because using an image in a transformative work is not the same as
simply putting an entire movie online to be stolen. If you're
saying it's the same thing, then you're a fool.
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From: guest (turtleneck_girl)
, 88 months, post #10 |
I don't know about that. Being a creative professional I'd be
pretty upset if someone used one of my photos that I had to pay a
model to pose for and get signed releases and find it being used in
a caption for this sort of thing. Turn it around and put yourself
in the position of the person in these images/captions and you came
across them on the internet.
What would your reaction be? horrified? Could it effect your
professional reputation?
I pay to use royalty-free photos as I see fit for my design work,
there's quite a bit of legal documentation one has to agree to to
use those royalty-free images once paid for. Maybe take a good look
at those contracts before assuming you have the right to use
completely as you see fit.
Royalty images have even tighter restrictions - At my last job we
purchased a royalty image for our own website - usage rights of
that image expired after a year I think. It was used online for our
website. Once it was up there we kinda forgot about it - getting
busy and such with business.
Well the author owner found it, researched it and found the rights
were expired and sent a letter demanding pay for use of the image
since. My boss and owner of the company thought hey its just a
photo and were helping display the author work and ignored the
bill.
The company was then sued for forfieting on the contract and using
the image without fair payment.
He paid THOUSANDs of dollars in damages for one photo.
So all I'm saying is word to the wise - check before you post it.
Peace out.
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From: Lazy
, 88 months, post #11 |
I got my captions stolen a few times. Now i just ask my fans to
have my back and tell me if they find my work elsewhere besides my
blog and DeviantArt page and having them know if a caption is not
there or is not mentioned as a guest cap on another blog that my
captions were used without permission. Hope that helps you out too
Brad.
Sincerely,
LazyNinjas
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