Copyright infringement
Discussion
Quick question:
A guy on said group posted a picture sniped from a book. The book was written by the guy who runs the group and who heads the organization which the group is about.
Author tells the chap that he’s infringing his copyright.
Is that correct?
The guy posting the picture took it down immediately, but I'm just really interested in the technical legality. Was it really copyright infringement to post a picture on the facebook group of a person who owns that picture?
A guy on said group posted a picture sniped from a book. The book was written by the guy who runs the group and who heads the organization which the group is about.
Author tells the chap that he’s infringing his copyright.
Is that correct?
The guy posting the picture took it down immediately, but I'm just really interested in the technical legality. Was it really copyright infringement to post a picture on the facebook group of a person who owns that picture?
fair use?
What does fair use allow?
Under fair use rules, it may be possible to use quotations or excerpts, where the work has been made available to the public, (i.e. published). Provided that:
The use is deemed acceptable under the terms of fair dealing.
That the quoted material is justified, and no more than is necessary is included.
That the source of the quoted material is mentioned, along with the name of the author.
What does fair use allow?
Under fair use rules, it may be possible to use quotations or excerpts, where the work has been made available to the public, (i.e. published). Provided that:
The use is deemed acceptable under the terms of fair dealing.
That the quoted material is justified, and no more than is necessary is included.
That the source of the quoted material is mentioned, along with the name of the author.
Yes.
When you buy a book, CD, DVD or whatever it will tell you what you can and can't do with it, on the say-so of the copyright holder.
Those rights are enshrined in the Copyrights, Designs and Patents Act, so are the law.
In the situation that you have described though, whether the author was correct in law and made a good commercial decision enforcing it in the way he did is another.
When you buy a book, CD, DVD or whatever it will tell you what you can and can't do with it, on the say-so of the copyright holder.
Those rights are enshrined in the Copyrights, Designs and Patents Act, so are the law.
In the situation that you have described though, whether the author was correct in law and made a good commercial decision enforcing it in the way he did is another.
JustinP1 said:
Yes.
When you buy a book, CD, DVD or whatever it will tell you what you can and can't do with it, on the say-so of the copyright holder.
Those rights are enshrined in the Copyrights, Designs and Patents Act, so are the law.
In the situation that you have described though, whether the author was correct in law and made a good commercial decision enforcing it in the way he did is another.
What about the fact that the picture was up loaded to an entity controlled by the copyright owner. I could get my head around the idea that if it was up loaded to a open public place it would be a problem, but it was up loaded to a private (as private as facebook ever is) controlled by the copy owner.When you buy a book, CD, DVD or whatever it will tell you what you can and can't do with it, on the say-so of the copyright holder.
Those rights are enshrined in the Copyrights, Designs and Patents Act, so are the law.
In the situation that you have described though, whether the author was correct in law and made a good commercial decision enforcing it in the way he did is another.
The situation is complicated in that the author of the book may have multiple rights that could be infringed. For example, he may have copyright in the text of the book as a literary work, and he may also have copyright in the photographs (if he took them or bought the rights). Thus his complaint about the photo being copied is probably a fair one.
As regards posting it to facebook, if the uploader had kept the copy himself (assuming his "use" is non-commercial) then there wouldn't be a problem. However, the facebook pages are accessible to more than just the individual who uploaded the photo, hence the "private non-commercial use" provisions don't come into play.
By analogy, it's okay for me to rip all my CDs and store the music in the cloud as a backup. However, if I give one other person access to my cloud storage, I'm infringing copyright.
As regards posting it to facebook, if the uploader had kept the copy himself (assuming his "use" is non-commercial) then there wouldn't be a problem. However, the facebook pages are accessible to more than just the individual who uploaded the photo, hence the "private non-commercial use" provisions don't come into play.
By analogy, it's okay for me to rip all my CDs and store the music in the cloud as a backup. However, if I give one other person access to my cloud storage, I'm infringing copyright.
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