Well on this other Teen forum... this super mod posted a pic he took.

the owner wanted to use this photo for the promotion of the gallery... not a big deal right ? but he wanted to change it too his own... Like coror it a little more or what not.

and the person that took the pic does not want him to edit it...(as i can understand)

and now even tho the person that took the pic DID NOT give the owner of that site permission...he still wnats to use it b/c he said


so what is your stance on this... does the owner still have the right to use it on his site ?


Chris
(BTW this thread was not started b/c of the owner or the mod, i just wanted to know if it was right or not... as i can not stop anything anywayz...)

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The owner can most definitely use it on his site. This question comes up from time to time..."who owns copyright - the poster or the admin?" Well technically, if the poster does not include any copyright when he posts the material, he does not own the copyright...Furthermore, the admin does not have any copyright on it either of course, but because it was user-submitted and voluntarily submitted, he can use it on his site. We actually have a clause here at AF that says that anything that you post or publish to AF is property of AF unless otherwise stated and that we have the right to copy, publish, or redistribute that content if we wish.

I don't know all of the legalities here, but I don't think that the admin can modify the picture and/or claim it as his own - but he can most definitely put it on the homepage or gallery. He can use it freely, but he cannot modify it - as far as I know. Honestly, when it all comes down to it, nobody is going to do anything about it. I'm going to guess that the person who took this picture does not care enough or have the money to follow suit...so just as most disagreements these days, it will never come to legal action

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Well, from what I understand the creater of the visual artwork is the owner of the copyright unless otherwise stated. I've always been under the impression that the creater has to say they can use it, not say they can't.

He posted it on a forum, which means it was not created for that forum and no transaction has occured. If the forum owner contracted him to make this image and has paid for it or had an agreement saying it was freely given, then he can edit it all he wants as he now owns the copyright. But if the guy made it for personal use and just wanted to show everyone else, I don't think the forum owner has the right to do anything to the image or republish it has his own.

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ok, Thx ! Glad ppl took the time to read it

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When you create a piece of work you do not have to register the copyright or in essence give a licence. Material is automatically copyrighted on creation all you have to do is prove that it was your creation.

Yeah, but this question is raised because he posted it on a forum, which means it is published by that forum owner...

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It depends on the terms of that forum. For example deviantart is the only forum I know of that says after you post something there they own the copyright to it. I'm sure if it was challenged in court deviantart would have a very high possibility of losing since they aren't the original creators of the work. The copyright usually is still owned by the original poster or creator, but they should pay attention to the TOS of every site they post on just in case a situation like this occurs. Who really wants to go to court over a couple of pictures or a post? Personally when I post something to the public eye on a site that's not mine, I post things that aren't exclusive and aren't secrets. I have tons of secrets for making money on cheesy sites but I don't share them with anyone.

I just wrote the paragraph above but I'm going to revise my comments a little. This is actually more of a response for Ryan's comments. Remember just because you created something somewhere other than your home base doesn't mean you don't own it. There are tons of technicalities and terms broken legally on a daily basis. Personally when I post something that means you can use it however you want, but at the same time I own the same or more rights to the content than you have. A better translation of what I said is if I wrote it I own it and a court challenge will almost guarantee me the winner. Don't get me wrong, when I post something I don't post it to repost it or even re-use it, but at the same time I reserve the right to link to a topic or even copy a post of what I made. Of course to be fair to the place I posted it at I usually if not always include a link back to where it was originally posted even though I created it.

Right david, I agree with you there...I did mention in my post that the admin may still use it and republish it on his site - but he cannot modify it or claim it as his own.

I seriously doubt that the creator would ever win a case in court simply wanting the content taken down from the site. Now, if the content is modified or the admin of the website claims ownership, that is different. But when you publish it to the website, you are giving them permission to use it.

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