Discussion on the use of photographs from an unknown source

[Tonomachi]

I may regret bringing this up but I just got my copy of the latest ASMIC Trading Post (April-June 2019) and on page 18 is a photograph and identification of a 1938 1st Cavalry patch that I have in my collection which I had not fully identified (see photo) until now. I had placed a photograph of this patch (see link Post #37) on the forum back on December 1, 2018. I cannot post a photograph of the patch and caption that is on page 18 of the ASMIC Trading Post because I got chastised in the past by I believe it was the editor of the Trading Post for sharing photographs on this forum from an article in the Trading Post. I thought the point of the forum was the sharing of information with other collectors as there are a lot of fake stuff on the market and unscrupulous sellers that will try and get your hard earned money. I was told that I would first need to obtain written permission from ASMIC before I could use anything in the Trading Post. There are loose threads all along the perimeter of my patch which I compared with the photograph of what I though was a different patch in the Trading Post. Well lo and behold it is my patch in the Trading Post. The only place ASMIC could have obtained this photograph was off of the US Militaria Forum. No one asked me for my permission to use this photograph. So from a fairness stand point it is alright for ASMIC to use photographs on the forum without obtaining permission yet it is not alright for a forum member to use their photographs without first obtaining written permission. I know that the Trading Post is copy-written and the stuff on the forum is not so ASMIC can do what they please with any of our photographs.

 

For those that know me I have thousands of photographs of rare insignia, uniforms, etc. that I've collected over the years since the early 1980s. Many of the photographs I took myself but I've also copied photographs off of different forums and Internet sales sites for my own reference. I did not keep records of where each photograph came from due to my own laziness and the sheer volume of photographs I have collected. So should I stop sharing these photographs on the forum or do I take the chance of upsetting someone or organization? I personally could care less if someone used my photograph off of the forum except for ASMIC as it felt like it was hypocritical of them to tell me not do do something that they in turn did.

 

http://www.usmilitariaforum.com/forums/index.php?/topic/140511-show-your-rare-cav-and-eng-patches-pre-vn/page-2

 

 

 

 

 

 

 

 

 

[tredhed2]

Email sent.

[ocsfollowme]

Very interesting. I stopped posting scans in my home thread since people are making reproductions of my rare ones now. I would have thought that ASMIC would have reached out to you to use your photo.

 

I was quickly contacted by ASMIC because of my profile photo and asked to have it taken down but I then emailed them a photo of the patch that I own which is the one that is my avatar.

[vintageproductions]

Dennis I hate to say it, but if you post a photo on any social media, forums, etc. it becomes public domain.

 

If it is printed in ASMIC they have a different trademark for their printed material.

 

You can post photos from ASMIC, but you need to make sure and credit ASMIC, it's very simple.

 

Here on the forum, anyone can lift your images and use them whenever they want just like you and many others do on Ebay, some for reference while others use them for whatever they want. He who shall not be named, lifted tons of images of here and published a book all about military insignia hallmarks.

 

Also, I spoke to the editor today and he said someone sent the photo in. When a member does this ASMIC believes they have done their due diligence and made sure it was okay to publish, before they send the articles to the editor.

[Bugme]

Someone snapped a photo of my son and I at the SOS two years ago. Then one day that picture shows up in the travel section of the Milwaukee Journal Sentinel along with an article about forum moderator Mr. Jerry and the SOS. Low and behold, there's the 2 year old photo of my son and I. I do not know who took the photo, I do not know where the newspaper got the photo(Jerry didn't give it to them), I was not asked if they could use my likeness but, there it was! BTW, thanks for getting me a copy of the paper Jerry.

 

Then when I mentioned this to someone else, they said: "Well, it's on the OVMS website" WHAT!!!... I did not give them permission either but, there we were!(I am now doing autographed copies for $20 a pop.)

 

The point being, once it's on the web, it's there for anyone. Take it as a compliment. That's what I did. I figured they liked my rugged features.

[iron bender]

I see this pic all the time on forums and sites, and can't remember giving anyone permission to use it. At least I've never been asked.

 

 

 

[doyler]

Also every photo posted here pretty much ends up on google or bing etc.Never use to but It does now.

[Thor996]

you could always watermark your photos over key design areas....

[Jennings Lane]

Over the years, I have bought a lot of good photographs from original sources. I never felt that I could truly say I "owned" the rights to the photos. I personally welcome the opportunity to post photos on the internet, knowing that the images have a far better chance of being preserved and enjoyed there than they do in file boxes in my garage. I always try to credit the photographer or the owner if possible. I realize that on some occasions individuals may legally purchase the rights to their photos, but that is the exception rather than the rule. I'm speaking more of vintage photos as opposed to ones that an individual took themselves. All said, buying a veteran's photos at a garage sale doesn't necessarily make them "your" photos.

[Blacksmith]

I forget all the particulars, but IIRC, the only true owner of the photo is the one that originally snapped the shutter (or smart phone equivalent).

 

Guys get all bunched up about people using their photo, when in actuality, they own a facsimile or original with no more right to the image than anyone else. I would add, even if you are the one that took the photo - hence capturing / creating the original image - you have to actually register the copyright to protect it. You do have a copyright at the moment you capture the image, and can slap a circle-C on it, but to act upon that copyright, requires registration like you would a trademark or patent.

 

This all becomes a little murkier, when it comes to fair use application, where someone uses it for educational, review, or critique purposes. My lay understanding, is that as long as they arent financially profiting from it, there is no claim.

 

I am not an attorney, and the above is my half-informed understanding, so I am happy to be corrected by a true esquire.

 

That said, as others have posted above, once you post it online, on social media, staple it to a telephone pole, etc, it essentially belongs to the world. If you dont like that idea, hide it in a shoebox in your cellar.

 

 

 

Over the years, I have bought a lot of good photographs from original sources. I never felt that I could truly say I "owned" the rights to the photos. I personally welcome the opportunity to post photos on the internet, knowing that the images have a far better chance of being preserved and enjoyed there than they do in file boxes in my garage. I always try to credit the photographer or the owner if possible. I realize that on some occasions individuals may legally purchase the rights to their photos, but that is the exception rather than the rule. I'm speaking more of vintage photos as opposed to ones that an individual took themselves. All said, buying a veteran's photos at a garage sale doesn't necessarily make them "your" photos.

[MAW]

... if you post a photo on any social media, forums, etc. it becomes public domain.

 

If it is printed in ASMIC they have a different trademark for their printed material.

 

You can post photos from ASMIC, but you need to make sure and credit ASMIC, it's very simple.

 

 

 

I agree with this.

 

ASMIC can use a photo they found online, although they should still credit the source/webpage, etc.

 

ASMIC has copyright for their printed magazine...but excerpts from that magazine could be used online by you; as long as you are not digitizing large volumes of content without their permission. And, again, their publication should be credited as the source.

[Simon Lerenfort]

It is annoying when publications use pictures without permission, I've had a similar problem in the past with a UK based militaria magazine using some of my photographs. I wrote to the person who had written the article using my pictures and did not get so much as any apology for it. Sadly as said once online it can be taken and used by anyone unless one watermarks it.

[lettow]

Websites can be coded to disable the right click function that allows easy downloading of images.

[Tonomachi]

Many thanks or everyone's input. It wasn't s so much that ASMIC used the photograph without my permission but their policy of not allowing anyone to use their images on the forum since we are here to help other by sharing information and no one is profiting by doing so which I thought was the point of copyrighting something.

[Blacksmith]

Then they just take a screenshot.

 

Websites can be coded to disable the right click function that allows easy downloading of images.

[vintageproductions]

Many thanks or everyone's input. It wasn't s so much that ASMIC used the photograph without my permission but their policy of not allowing anyone to use their images on the forum since we are here to help other by sharing information and no one is profiting by doing so which I thought was the point of copyrighting something.

 

Dennis- As long as you credit the photo to ASMIC & The Trading Post magazine I believe it is alright

[Tonomachi]

 

Dennis- As long as you credit the photo to ASMIC & The Trading Post magazine I believe it is alright

Here is a link to the thread (Post # 3) where I was warned not to ever do this again by sharing images out of the Trading Post without first obtaining written permission and I did mention the specific Trading Post and author of the article.

 

http://www.usmilitariaforum.com/forums/index.php?/topic/41325-8081st-quartermaster-airborne-air-supply-ssi/?hl=unpfk

[Bugme]

Here is a link to the thread (Post # 3) where I was warned not to ever do this again by sharing images out of the Trading Post without first obtaining written permission and I did mention the specific Trading Post and author of the article.

 

http://www.usmilitariaforum.com/forums/index.php?/topic/41325-8081st-quartermaster-airborne-air-supply-ssi/?hl=unpfk

Well... there is the Fair Use Doctine, that this forum falls under, in which members can post small portions of copywritten material(photos, text or combination) for educational purposes without being in violation of copywrite laws. https://en.m.wikipedia.org/wiki/Fair_use