Something to think about - Online Photo Editing

[JPicker]

Quite a while ago, one of my daughters told me she was using a really good online (free) photo-editing service called
"Picnik" and suggested I move away from image editor programs on my computer.  (URL: http://www.picnik.com) .  

I don't know if it's a coincidence or by design but obviously the name is kind of close to "PicScout". I have used it on occasion and it has occurred to me that this web site obviously retains a copy of each and every image one edits online - and that image information could be directly forwarded to PicScount, Getty,  Masterfile,  etc.etc. and other web image capturing bot companies.

Something to be mindful of in terms of using their inviting and enticing "free service" - especially if you're using a site like this to edit images for your own web site usage or if you design web sites for others. Prudence dictates that it would be safest to ensure you're editing your own images or those you know beyond a shadow of a doubt that have no copyright, licensing or any other potential infringement issues.

[sundog49]

I looked into using PicScount (it's available to use their 'free service' to find license data in pics you upload to their site) for work I've already used photos from the web in, but I'm similarly paranoid the info will be passed on before I myself can act on it.    I DO NOT knowingly use copyrighted material, but since getting singed am worried I may have done it elsewhere and want to inspect past work so it can be changed (any licenses appropriately paid for or offending material deleted) before I get zapped again.  I've been trying to find open source programs that will reveal that sort of data.  I tried JpegSnoop, but, although it delivers a lot of data about what is embedded in jpegs, I couldn't find any ownership information included, unless I didn't know how to interpret it.  I've written the program designer for more information and will post it here if it is of use.

[parkerbenson]

Something needs to be done legislatively to address the near impossible task of ascertaining copyright registration on images found on the internet, especially when companies have been registering them without individual authorship as part of compilations, which begs the question in my mind as to whether the compilation is a body of work and removing a single image for non-commercial use is a derivative work, or is that pushing it...

If someone finds an image in the public domain, or seems to, or even pays another site for it, to what extent does due diligence require them to go?  Do they have to seek out every photographer in the world and ask, Is this your photo that is available for free on this site?

I think that unless financial gain and intentional attempt to profit can be proven, that the government should write legislation to limit initial action to a cease and desist letter, and if an individual ceases, and desists, that the matter is settled.

There is a big difference between photocopying an image out of a magazine and finding an image on the internet in reality, though perhaps not legally.  In the former case, you know the image source and you know you are "taking" something without asking the owner, in the latter case, with so much free content floating around, or "unsecured content", it becomes like finders keepers... like a dollar bill on a sidewalk, who is to say to whom the dollar bill belongs without proof of ownership.

I copyright my artistic creations, and I put them on the internet for free download, in a certain form.  I realize not everyone wants to do that, but Getty's approach is wrong, and something needs to be changed in copyright law to address the internet free for all.

[Matthew Chan]

There is no question that legislation is way behind current events.  And the problem will only get worse as technology advances quicker and the way people use it in more creative ways.  There will continually be new issues cropping up.

Matthew

[Oscar Michelen]

Jpicker:  Great post, good suggestion

Parkerbenson: The bad news is that the digital image warehouse are likely lobbying for laws the other way and guess whose got more money you or them? I am sure that if Muensch goes up on appeal and is affirmed that Getty and others will be lobbying the hell out of Congress to modify the copyright act to undo the case's reach.  Look at how  Big Fashion has pushed for a "Fashion Design" copyright law that in my opinion will hurt small designers and newer fashion houses. They keep getting closer to getting it passed every year.

[JPicker]

Now this is really preposterous.
I am searching for an image for our web site, for a comedy page.
Ideally a brick wall, with a microphone standing in front of it...the type of thing you'd see in a comedy club stage background. How non-descript can you get?
Check this image out  http://cache3.asset-cache.net/xc/200162285-001.jpg?v=1&c=IWSAsset&k=2&d=F5B5107058D53DF528F7272F483734C279F5CC6734C985E27A167517442B21436529E79887609E4F  (and do notice the copyright.)
Now I live in a reddish brick house.
I own a microphone as well as a microphone stand.
With a bit of hassle but not much, I could go outside, place a microphone inside a microphone clip,
snap the photo, and use it on my web site. It would look fairly close to the concept in the referenced photo.
Yet I can prove it's mine because the red brick IS my house, and it IS my microphone.
But some of this so-called registered crap are of such "generic" images it almost blurrs the lines of logic and common sense. The infuriating part of it all is that these pr--ks have bots that capture stuff like this from web sites
and then with their lovely letters, try to imply your a criminal.

What's next for them?
Snapping pictures of the blue sky, the clouds in it, the sun ---- and claiming copyright for all of these as well?

I also happen to be a musician.
I hereby declare publicly from this moment forward, that I own all the rights to the F, C, G and E chords (sorry can't find the patents right now) but please do trust me - and for anyone who's ever listened to or performed music encompassing any of these chords - you'll be receiving letters from me soon with cease and desist orders as well as demand payments - doesn't matter if you stop using them in future songs - you owe me and are guilty because I say so ... for having already  listened to them.  

[Oscar Michelen]

I'm with you JP its frustrating to be sure. The issue comes up with pictures of national monuments and other famous sites as well.

[mcairns]

The picture they are going after me for is indeed clouds lol

[Oscar Michelen]

Yes but they are their clouds, lol