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Photos are no longer protected?


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Not sure about this, but for those who post lots of precious photos it may well be a big change. What do you think? Is there anything the forum can do about it? or is it a non-issue?

"UK.Gov passes Instagram Act: All your pics belong to everyone now"

"

The Act contains changes to UK copyright law which permit the commercial exploitation of images where information identifying the owner is missing, so-called "orphan works", by placing the work into what's known as "extended collective licensing" schemes. Since most digital images on the internet today are orphans - the metadata is missing or has been stripped by a large organisation - millions of photographs and illustrations are swept into such schemes.

For the first time anywhere in the world, the Act will permit the widespread commercial exploitation of unidentified work - the user only needs to perform a "diligent search". But since this is likely to come up with a blank, they can proceed with impunity. The Act states that a user of a work can act as if they are the owner of the work (which should be you) if they're given permission to do so by the Secretary of State.

The Act also fails to prohibit sub-licensing, meaning that once somebody has your work, they can wholesale it. This gives the green light to a new content-scraping industry, an industry that doesn't have to pay the originator a penny. Such is the consequence of "rebalancing copyright", in reality."

http://www.theregist...r_act_landgrab/

chris

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Definitely a non-issue that's been stoked up by The Register. Quotes like "people can now use your stuff without your permission" are nonsense.

Here is the relevant text from the Act:

(3) The regulations must provide that, for a work to qualify as an orphan work, it is a requirement that the owner of copyright in it has not been found after a diligent search made in accordance with the regulations.

It doesn’t change the fundamentals of copyright, it just means that if you have some images out there with nothing whatsoever to link them to you, they’re potentially vulnerable. But an image posted on a forum is clearly copyrighted by the user who posts it. Even if someone wanting the photo doesn't know the actual name of the person, due diligence would probably require the person to make enquiries as to the person is on the forum. They couldn't just nab the photo and say there was no way they could have found out the owner.

In my view the Act is helpful in offering some protection for innocent users of apparently public domain material. If somebody found an image and made their best efforts to determine if it was copyrighted, currently they could be sued many months or years down the line. If it was used commercially by a design agency, both them and their client could be open to future legal action. This Act offers some defence for those who reasonably use images in my opinion. But I'm a graphic designer, so I probably would say that!

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  • 1 month later...

I just avoid instagram anyway since it seems like teenagers posting awkward faces most of the time. A lot of my mates have taken their photos down though and were complaining about this. I just figure if you're going to post on the net then you might as well count on other people using your stuff. If you don't like it them start putting water marks on everything.

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