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Old 12-19-2014, 08:06 PM   #41
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Carl:
I removed the crow's nest and Fwd Mast on the Ulysses last year and still have not gotten used to it. A lot less radar false images and spot light return. Have yet to make up my mind whether it looks better or not.
I'd like to see a picture, when convenient.
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Old 12-19-2014, 11:20 PM   #42
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Regarding copyright, a photograph is automatically copyrighted to the photographer who took it. No application or filing is necessary; the photo is copyrighted to the photographer the instant he or she takes it.

This does not apply to video, by the way.

So any photo--- including happy-snaps taken by an amateur using an iPhone--- is copyrighted to the photographer. As such, a photo cannot be used for commercial purposes, or posted on public-facing media, or used in any way really, by someone other than the photographer without the photographer's permission.

The photographer can grant useage rights to another party by saying so in writing. There can be a charge for this or not; it's up to the photographer. The photographer can also give or sell all rights to a photo for a specific time period or in perpetuity to another party if he or she chooses to do so.

We bought our $1,000 Rocna a number of years ago when a Seattle magazine used a photo of mine on their cover without my permission. They did not do it deliberately or knowingly but were given a copy of the photo by another party who could not remember who had taken the photo.

When this was brought to my attention after the magazine was published, I contacted the magazine, proved the photo was mine, and the magazine appolgized and said they would pay a rights fee for the use of the photo on the cover of that edition of the magazine. I sent them my standard form granting the magazine one-time-use rights, charged them the standard fee I was charging at the time for a cover photo, and they promptly signed the form and paid the fee.

In this age of Facebook and other social media where photos are thrown around like candy, copyright law is almost always overlooked. But it's there, and if a photo is used by a party other than the photographer, the photographer has legal grounds to take action.
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Old 12-20-2014, 07:40 AM   #43
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In this age of Facebook and other social media where photos are thrown around like candy, copyright law is almost always overlooked. But it's there, and if a photo is used by a party other than the photographer, the photographer has legal grounds to take action.
Yes he does BUT unless the photo is used in a commercial pursuit, there are no financial gains to be had. In the case here, the poster received no financial gain by posting the photo on TF and there were no financial damages to the photographer. The only real legal remedy available is injunctive relief so the photo would not be used again. The offending poster probably doesn't even have the means to remove the photo from TF as it isn't under his control. So basically, copyrights don't have a lot of meaning unless it is used for commercial gain.

I am hoping the photographer brought the copyright issue up in jest.
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Old 12-20-2014, 02:31 PM   #44
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In my tenure as a moderator here the subject has never come up. If it ever did we'd flip a coin and either delete the image or tell the party to pound sand as there's no money changing hands. Most likely the former just for the sake of being done with it.
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Old 12-20-2014, 03:00 PM   #45
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In my tenure as a moderator here the subject has never come up. If it ever did we'd flip a coin and either delete the image or tell the party to pound sand as there's no money changing hands. Most likely the former just for the sake of being done with it.
In the this case and in most cases re forum chit chat...Spoken Truthfully and Correctly - IMO!!

Of course boat owning lawyers might have alternate opinion... gotta keep priming that that per hour huge cash flow by whatever means necessary... don't cha know!
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Old 12-20-2014, 03:20 PM   #46
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Delfin underway

I think it's the whole "fair use" thing as described to me by the forum owner. Either way, he ain't to concerned nor am I.

Now if someone came in advertising it for sale that might be a horse of a different color. But like Marin so eloquently stated, his example of a magazine cover shot is completely different than someone posting an image found to our obscure little forum. Some forums, one in particular, watermark all images posted regardless of who actually owns the image.
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Old 12-20-2014, 08:09 PM   #47
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Originally Posted by Marin View Post
Regarding copyright, a photograph is automatically copyrighted to the photographer who took it. No application or filing is necessary; the photo is copyrighted to the photographer the instant he or she takes it.

This does not apply to video, by the way.
Say what?
Motion pictures are audiovisual works consisting of a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds. Motion pictures are typically embodied in film, videotape, or videodisk.

Copyright in a motion picture is automatically secured when the work is created and “fixed” in a copy.

http://copyright.gov/circs/circ45.pdf
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Old 12-20-2014, 08:40 PM   #48
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If only there were a place, where i could live with my boat in my back yard that was harmonious and Lawyer free...rumor has it such a place exists in south FL.

Seriously, I'd be flattered if someone posted a picture i took here. If they were selling framed copies i may feel differently.
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Old 12-20-2014, 08:54 PM   #49
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If only there were a place, where i could live with my boat in my back yard that was harmonious and Lawyer free...rumor has it such a place exists in south FL.

Seriously, I'd be flattered if someone posted a picture i took here. If they were selling framed copies i may feel differently.
Aye Matey, what is yours is mine.

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Perhaps a separate thread on all things copyright may be a good idea as we have high jacked this thread already, and the subject/issue has been resolved some time ago.
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Old 12-20-2014, 09:01 PM   #50
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Old 12-20-2014, 09:20 PM   #51
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Say what?
Motion pictures are audiovisual works consisting of a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds. Motion pictures are typically embodied in film, videotape, or videodisk.

Copyright in a motion picture is automatically secured when the work is created and “fixed” in a copy.

http://copyright.gov/circs/circ45.pdf

Raw video is not automatically copyrighted to the videographer who shot it in the same way that a still photo is. I know this because a) it's my job and b) our company has this very clearly spelled out in all the legal stuff that governs the production of video.

Yes, all the completed videos we produce are copyrighted to our company. Or an independent person can produce a video that is then copyrighted (and it has to say so or it's not). But raw video is not automatically copyrighted to the cameraman who shot it. A still photo is.

The key lies in the word "tangible" which is in the official definition of what constitutes a copyrightable video.
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Old 12-20-2014, 10:22 PM   #52
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Originally Posted by CPseudonym View Post
In my tenure as a moderator here the subject has never come up. If it ever did we'd flip a coin and either delete the image or tell the party to pound sand as there's no money changing hands. Most likely the former just for the sake of being done with it.
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Old 12-20-2014, 10:51 PM   #53
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Sheesh, I just copied a photo someone sent me. I didn't realize I was setting off a controversy.
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Old 12-20-2014, 10:52 PM   #54
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Sheesh! I think a marvelous thread was high jacked here - wonderful boat, superb restoration, just terrific to see a vessel brought back to life.
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