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Copyright on captions
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

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

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.

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.

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?

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!

From: guest (tru1) , 88 months, post #7
hmmmm....more selective application of/or belief in copyright from metamorphose ...what a surprise ....wishy washy bullshit

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.

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.

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.


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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