One of the online stores "borrowed" a photo of my Wrasse :D

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Dcal

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A quick Google search shows this image posted on Reddit a year ago. The OP of that thread has been suspended. They might not even know that it was previously posted on R2R.



Have you read the R2R TOS? It doesn't say that they have ownership of the image. It just says:
"When you create an account to use the forums here you are agreeing to abide by the rules and user agreement of Reef2Reef. All data entered as post, photos, attachments, belong to Reef2Reef."
this was thing i was referencing im prolly just interpreting it wrong
 
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mdb_talon

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Why is this so hard for you? Most social media sites you post on include a ToS that gives the site royalty free use of your photo without limitations.....it does NOT give the photo ownership away. Depends on the site, but that is the case with ones like facebook/Instagram/etc.

That is not the same terms with R2R(and most similar forum type sites. You give up ownership of posted content. It is clear in their ToS. Whether they act on that is an entirely different subject.
 

zoa what

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Should I just keep posting articles after article?

 

Dcal

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Should I just keep posting articles after article?

His point is that its not their permission to give once they post it on r2r
 

zoa what

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"Unless you have permission, you should not distribute, copy, display, or reuse someone else’s photos for any product in which you or your company will benefit, including reports, proposals, presentations, social media, and web sites.

The Fair Use doctrine does not apply to for-profit companies. Large global companies are perfect targets for copyright lawsuits. Juries have awarded more than $1 million in damages for copyright infringement. "

- Fertile Ground Communications, Marie G, May 24, 2020
 

Dcal

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"Unless you have permission, you should not distribute, copy, display, or reuse someone else’s photos for any product in which you or your company will benefit, including reports, proposals, presentations, social media, and web sites.

The Fair Use doctrine does not apply to for-profit companies. Large global companies are perfect targets for copyright lawsuits. Juries have awarded more than $1 million in damages for copyright infringement. "

- Fertile Ground Communications, Marie G, May 24, 2020
*non copyright person, impartial 3rd party POV*

I dont want to put words in his mouth but from what i can tell @mdb_talon is not arguing that theres not a case here hes arguing that its between r2r and the vendor since by posting the image gave r2r ownership
 

MentalNote

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If all true, this is theft. Clarksville Pet store should take their own images or pay for someone's images.

We can get into semantics of how hard it is to keeping a fish store in business. Doesn't change they fact they went online and lifted images that they did not pay for to support sales.

It is still OPs image. Reef2Reef has authority, via him posting it here, to reuse it. Not for someone else to use it.
 

zoa what

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His point is that its not their permission to give once they post it on r2r

You guys are saying all R2R pic's are fair-game under R2R policies/Tos. Totally fair game, can be uploaded, downloaded, shared, whatever, free and clear.... In a general sense, eeeeeehhhhh yeah kinda (tilting hand side to side)

But when it involves a for-profit seller, the game changes.

I'm saying when a for-profit seller is making money off your photography, you have an arguable legal case.

Good night.. i'm done arguing.

.
 
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mdb_talon

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"Unless you have permission, you should not distribute, copy, display, or reuse someone else’s photos for any product in which you or your company will benefit, including reports, proposals, presentations, social media, and web sites.

The Fair Use doctrine does not apply to for-profit companies. Large global companies are perfect targets for copyright lawsuits. Juries have awarded more than $1 million in damages for copyright infringement. "

- Fertile Ground Communications, Marie G, May 24, 2020

I dont know any other way to make it clear that the ToS you agree to are legally applicable. Using examples from places with a different ToS is irrelevant.
 

Dcal

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You guys are saying all R2R pic's are fair-game under R2R policies. Totally fair game, can be uploaded, downloaded, shared, whatever, free and clear skate.... In a general sense, yes

But when it involves a for-profit seller, the game changes.

I'm saying when a for-profit seller is making money off your photography, you have an arguable legal case.

Good night.. i'm done arguing.

.
i dont want to argue im genuinely curious as i never discus legal issues lol. can you address my last post so i can stop being confused
 
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mdb_talon

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You guys are saying all R2R pic's are fair-game under R2R policies. Totally fair game, can be uploaded, downloaded, shared, whatever, free and clear skate.... In a general sense, yes

But when it involves a for-profit seller, the game changes.

I'm saying when a for-profit seller is making money off your photography, you have an arguable legal case.

Good night.. i'm done arguing.

.
Nobody is saying the images are fair game they are not. What I am saying is you give up ownership when you post here. That does not make them public domain, but it does mean you are no longer the injured party when someone uses them
 

revhtree

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We have the right to host your images here as you submit it as content. We do not have the right to sell your photos. This photo in question still belongs to the OP and the issue is between them and the store.
 

BeltedCoyote

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We have the right to host your images here as you submit it as content. We do not have the right to sell your photos. This photo in question still belongs to the OP and the issue is between them and the store.

thank you!
 

Dcal

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We have the right to host your images here as you submit it as content. We do not have the right to sell your photos. This photo in question still belongs to the OP and the issue is between them and the store.
well there we go

now go get yo money lol @Subnautica
 
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Maxout

Jedi1199

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A lot of stuff being said here.. The vast majority of it is simply irrelevant.

Has ANYONE looked up your legal rights when posting a photograph online? Is the original image copyrighted? If it was posted here, does R2R grant copyright protection to us all for our images? If it was posted elsewhere, you would have to look up that specific hosting sites copyright protection information.

Can you PROVE it is your image? If you have nothing else but your word to back up your claim that the actual image posted is your own, you might as well forget the whole thing. The court does not care one bit about what you say, what he says, what they say yadda yadda.. they care what you can PROVE, period.

There is so much legal grey area around what our rights are when it comes to online content. The vast majority of it is simply considered public domain once posted.

You could ask the store for some recompense, but it is not the store owners fault I am sure. He paid a web designer to build his site and most likely has never even seen the photos themselves nor cared where they came from.

My advice, be proud that you took such a fabulous picture that someone would want to use it for their advertising. Have a cold beer and enjoy your tank. It's simply not worth the headache (and expense) to consider legal action.
 
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Subnautica

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UPDATE: thank you guys for the discussion. I was busy and didn't see all the latest comments. Anyway looks like they removed the sale or it's out of stock.

Whether they respond or not, I'm cool with my picture on their site. What's more important is I'm glad I made this topic because thanks to you guys I've learned a lot of new things.

Screenshot_20210618-230131_Chrome.jpg
 
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attiland

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UPDATE: thank you guys for the discussion. I was busy and didn't see all the latest comments. Anyway looks like they removed the sale or it's out of stock.

Whether they respond or not, I'm cool with my picture on their site. What's more important is I'm glad I made this topic because thanks to you guys I've learned a lot of new things.

Screenshot_20210618-230131_Chrome.jpg
What we learned here is you have the rights for. The image and that they s*** themselves and did read your message.
if you are lucky you may even get a response.
 
Maxout
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