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What Is Copyright ?

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This article has been kindly written and supplied by a good friend in the USA Alan Bundy of AWB Budgies.


The reason for posting it is we have many a time had members HOTLINKING images to our forum or using others material or photos without consent and thus we get into trouble over it.

It recently came to my attention that a BBC member had posted a link to her personal bird website and the greater part of the material on her website was content ( photos and written material ) taken from another website WITHOUT PERMISSION. I had to remove that members link to her website and ask that she not post it again until such times as the material was all her own and not stolen content.


so, for the better education of members on whats allowable and not, we have here this great article by Alan.






by AWBBudgies.com on Wednesday, January 18, 2012 at 5:05am

This photograph was attributed me, but I did not take it.




My name was attributed to a picture which was posted on the (ABS) American Budgerigar Society Bulletin. It looked like one I had taken at the All American in Wisconsin this past September 2011. After studying my edited pictures it appears that the picture in fact was not one of my own. Had it been, it would infringe on the Copyright laws adopted internationally. Now you may ask, what is the big deal? Frankly, it isn’t to me, but in my view it is a lack of regard for any author when an image is used without permission. I am flattered any time an image I have is used, and it is my desire to put out for the hobby as much content as I am able to help promote it.


Do you know what it means when you see the symbol © connected to a photograph? If someone has the word copyright, what does that mean?






According to the website :


http://www.photosecrets.com article2.jpg


“Copyright” is “the right to copy.” This right is a legal construct, designed for you — the artist — to support your artistic endeavors. Without copyright, people would be free to use your artistic work.


With copyright, you have legal protection. If someone wants to use (copy) your work, they have to get your permission. You can negotiate a “license” to copy, and perhaps even get paid in real money.


Copyright goes back as far as the 1550s when British printers secured the rights to their printing but this copyright did not include the rights of the author. Then in 1710 Briton gave copyright to authors called “Statute of Anne”. It gave limited duration to authors and purchasers. The US began to look at the issue during formation of the Constitution and in 1790 the original U.S. Copyright Act defined for authors, and inventors their rights which eventually were adopted globally starting in the UK in 1886 at the “Berne Convention”.


What is copyright?


According to the website:




Copyright applies to most artistic works, such as paintings, murals, statues, TV shows, music, and, photography.


It gives you the exclusive right to make and sell copies of the photo; to create derivative works (other art based on the photo, such as a painting of the photo); to display the photo in public; and to license usage for money to other people.


In a sense, copyright doesn’t give you anything, it really just affects other people, saying what they can’t do.


During the “Berne Convention” in 1988-89 symbols and the word copyright were considered redundant and so they are not required to fix a copyright to any work created by the original user. Many do however still use these recognized symbols and words to additionally identify the creator to the public.

At the moment any originally created thing is protected until you die or give away the rights to use it. It is protected until the author dies plus 70 years in the United States.


So what do I do if my work is stolen or used?


Well you can register your work by filing it with the U.S. Copyright Office in Washington, D.C. Send along a copy of the photograph with the correct form found at the US Copyright office. This can also be done electronically.


Does doing this prevent people from stealing your work?


Generally no, but there are some unscrupulous people on the web who use pictures without permission at their own risk. In general however most pictures found on the web are not of high quality resolution to reproduce in a print thus limiting their ability. Most printers follow strict guidelines followed in the law when using photographs.


What about people and familiar places in a photograph?


Anytime there are images familiar or recognizable you must have a photo release form asking for permission showing a signature of approval. In some cases in a town you need to petition the local establishment and often pay a small fee in order to publish a recognizable image.


What is the Fair Use Act?


The Fair Use Act, is a way that news organizations, commentary, parody, and education may be used without the permission of the original author. This allows a way for other users to re-create original work. It however is not a reason to use original material and may be scrutinized as to the intent of the original work. It must not damage the original value of the protected work.


My intent in writing this article is to make you think before you try and copy a picture and paste it into your content ether personal or public. Think of the author and consider what he or she may think. In my view my pictures are here to support our wonderful hobby as much as possible. I will almost always allow you to use any of my pictures as long as they are used to further the hobby. My only requirement is that you ask. Why, you might ask? Sometimes I may have a better quality file or maybe I don’t have permission to use the object or subject I have taken. These things are important to me so that I do not offend or have no permission.

Whether I have permission to use a picture under The Fair Use Act, as a news or an educational purpose I personally will always remove a picture when asked if it is requested of me.


Please continue taking pictures, they are important and create history for our future viewers. Protect your work and be generous.


Alan W Bundy

Edited by **KAZ**
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Edited by **KAZ**
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I kind of have a grasp of the copy right law that was posted, but need a of clarification on it.


I play Warhammer 40k by Games-Workshop(most recognisable table top game company). I painted up some models and posted them on a forum dedicated Games-Workshop games. Kaz(for example purposes only) see the models on the forums site, then repost them on her website with out my permission.


So the question is, who would be breaking copy right law? Me with posting Game Workshop models I painted, or Kaz for posting models I painted without my permission?

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You don't break copyright laws. KAZ would be.

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KAZ!!! Tsk tsk ;)

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