Perform BMW uses photos from internet...

[Jason T. Barker]

A member of a BMW forum finds several of the photos from one of his online photo accounts published in Performance BMW. He was ecstatic to thumb through a magazine to find not one but all his BMW's in his homes driveway published...other than his address being in the photo, oops. Someone asked if that was legal while others said there may be copyright issues. Then others insist the magazine didn't do anything wrong.

http://www.r3vlimited.com/board/showthread.php?t=126863

I told him to send an invoice stating he's honored they used his photos, here's the bill, and if they have any questions or want any more photos here's the contact information, etc....then apparently I'm made into the bad guy after explaining why he should do it, lol! Just trying to side for those of you that make a living as a photographer, oh well!

[Kevin DiOssi]

I'm still amazed at what some people and companies continue to get away with. The internet is a great thing but it can also be bad. I think that's why we all post our images with a watermark and in a smaller lo-res edition. If they want the real thing, that's when they have to pay. I'm willing to acknowledge my internet hosted photos as samples.

[Mark Scheuern]

I think your post there was totally appropriate and informative, Jason. What's sad is the cluelessness from many of the people who responded. Here's a magazine that clearly did something illegal and people are defending them. Amazing.

[Daniel Buck]

I think your post there was totally appropriate and informative, Jason. What's sad is the cluelessness from many of the people who responded. Here's a magazine that clearly did something illegal and people are defending them. Amazing.

I find the fact that the magazine would actually do this... more amazing than people defending the magazine. The people defending the magazine probably know zero about copyright and laws regarding image use, so they are just happy to have a friend's photos in a magazine (10 minutes of fame, if you will). The magazine on the other hand.... they should know better, and should never have even happened.

[John Jackson]

In the magazines defense(cant believe i just said that lol) Usually when you join a forum that host content dont you give them permission to use posted material for the advertisement of said website and for no other use? I have seen this clause in several photography sites, and there banners usually incorporate some random photo work. This could fall under the same issue they may have gotten permission from the website that was featured, and said photos where stolen from all in the name of advertisement for there website.

Not agreeing with the mag in anyway just some thoughts

.................and what a bunch of crybaby whiny douches on the bmw forum anyway that have no clue I thought lawyers owned BMW and would take his case lol

[John Thawley]

I haven't read thier disclaimer... but in most instances, the "rights" implied in forum uploads and social networks like Facebook need to have you grant approval in some fashion, or they'd immediately be in violation the minute someone "quoted" your image to another post in the thread. At that point, the service is now displaying a copy of your work... so it has to have some authorization in place. Facebook, for instance, allows you tag other users or objects that might appear in the photo. That tag will automatically trigger that image to be displayed on the "tagged" user's page. For instance, Kristin is in my "friends" list in Facebook. If I post an image of her... and "tag" her in that image, the image will now appear in her "Photos" page. So, there again, Facebook would be immediately liable had some form of use not been agreed to.

I can't imagine, however, the magazine (a third party) is granted use and reproduction rights. That makes no sense and would certainly violate the "spirit" of the agreement.

JT

[Daniel Buck]

Usually when you join a forum that host content dont you give them permission to use posted material for the advertisement of said website and for no other use?
I suppose it's possible, I don't know though, I always host my images myself, even if the ability to upload images to a site doesn't require any fees.

[John Jackson]

It was just a idea in there defense kinda playing devils advocate, but a magazine of there stature you think the first thing that would happen is a quick message asking if it was ok