Еще раз о копирайтах и публикации фотографий на форумах и сети
Надеюсь, что следующая информация будет полезна всем участникам, особенно в свете публикаций фото из e-bay и других:).
Информация с сайта Missing Lynx, которым владеет всем известное крупное издателсьтво Osprey. И юристов у них там немеряно:):)
Конструктивная дискуссия будет интересна:).
Ниже текст на английском:
Over the past weeks, Osprey Publishing has been carefully investigating the issue of image copyright on missing-lynx.
In a strict interpretation of copyright and patent law, some rights owners could conceivably object to their trade marks or other registered patents being shown on screen, even in the private circumstances of missing-lynx.
However, an attempt recently by such a rights owner to restrict a much more public use of its brand was rejected by the courts, as the judge ruled that it was still an ‘incidental’ use and did not represent a loss of value or reputation to the owner.
Although our legal advisors continue to investigate this issue, the burden of their advice so far is that the posting of images on the site constitutes fair dealing, and would not represent a copyright breach, provided that the following criteria are obeyed:
1.Images must be posted at low-resolution (72 dpi)
2.Copyright and trade mark owners must be credited for the use of their images whenever this is reasonably possible
In the light of this preliminary advice, we are pleased to announce that users may resume the posting of images on the site in the usual way. Please note, however, that Osprey Publishing’s stance on this issue may be modified in the light of new information or legal recommendations that may emerge. Osprey Publishing remains committed to protecting the future of missing-lynx as a leading forum for armour modellers, and must therefore ensure that the site it operates is legally compliant.
We would like to thank all missing-lynx users for their patience and support during this difficult period.
missing-lynx team
Hello
I have heard back from our legal guys on this matter and they advise that linking to (or copying and pasting) an image that is currently on eBay is ok as its use in the discussion boards is referential and is not in any way damaging the reputation of the copyright holders, altering the images, or making any money out of their use.
However, to save an image to your computer and then post it on the discussion baords once it is no longer on eBay (once auction is over and the image has been removed from the eBay website), is not permitted. This would involve some form of adaption of the image as it has been taken from its original context and purpose for display in the public domain.
I hope that this sounds fair and makes sense.
Best wishes
missing-lynx team
