Comment: Copyright – I can use this photograph (Can’t I?)

Just some more facts and advice to add to this discussion:- firstly, if you share pics to the internet, decide if you are ok to have your images shared - creative commons symbology can be used instead of copyright symbol. If you do wish to restrict usage, put a watermark symbol or compress the file to make it unusable for print quality. If you would be happy to enter negotiations for a free for use of your photos you need to make yourself available to contact so you have to put your email address with the image - and a statement that you are happy to negotiate provision of the hi-res version.

In the event you find an infringement I do warn you not to make threats of legal proceedings - as stated on the IP Australia website, doing so could in fact cause you some legal liability. 99% of the time, a simple email to the infringing matter from the copyright owner that highlights the discovery of their misuse of your photo and a polite request to take action (you state what you want, ie. removal or addition of a statement to credit you as the source) is all that is needed to resolve the issue promptly and amicably. Never in the first instance of taking action without legal representation should you give a threat. You will only inflame the situation and as stated, put in a legal dicey situation. Also - never request money after you discover an infringement. The only way to pursue a payment is to take them to court. Court proceedings are very expensive - it is very unusual to consider that any individual would attempt to do so. The court will judge fairly and will not award damages unless evidence can be substantiated a large degree of damage to you via a loss of sales etc has occurred through the infringement. If you can't prove a definite value on the damage you will not stand a chance to be compensated and if you lose, you'll be left with all the court costs for both parties.

I would also like to clarify that when you upload photos to ExplorOz - in Places etc, our image resize tool automatically resizes your hi-res images and compresses them to onscreen resolutions to render the image less useful to any seriously interested parties. We do want to encourage our Members to continue uploading and sharing photos etc so our system does offer you that protection in making the necessary adjustments to reduce the image quality as it passes through our system but also if you find an image has been taken off ExplorOz and reused elsewhere you can contact us and we will gladly represent you in seeking the removal of that image from the infringing publication.
Michelle Martin
Marketing & Customer Support
I.T. Beyond Pty Ltd / ExplorOz

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Reply By: The Landy - Wednesday, Mar 04, 2015 at 01:27

Wednesday, Mar 04, 2015 at 01:27
Hi Michelle, and ultimately your first sentence does sum it up. Once you put it out there you will be flat out stopping people using it. Mind you, I have had plenty ask me, so makes you wonder how many haven't.

Initially I did watermark, but it doesn't offer make protection if someone wants it, and apart from that I find it "spoils" the image.

And as you mention, compression will assist.

From an EO persepective for me, I would rather share the photographs on the site then not. Cheers, Baz
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