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Re: Some people just have no shame ... [lightheir] [ In reply to ]
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lightheir wrote:
I sympathize with the photogs doing their work, but sorry, I still can't go so far as to say people are stealing by grabbing those low-res screenshots.

To make an extreme example, I could self-setup as a pro photog, take hi-res photos of everyone out there, put out they hi-res pictures FOR FREE on my website but still have the disclaimers that people need to pay for these if they are using them for blogs, screengrabs, etc. Legally, that would be within my rights, but practically it's totally unrealistic. I similarly think it's totally unrealistic and even unfair for photogs to call race participants 'stealers' when they choose to screenshot their public personal pictures of their races - that's just NORMAL behavior, and I would expect everyone to do it.

The critique of my self-setup hi-res pro photog freepic setup is rightfully, 'well if you're not making any money of that business model, you need to find a new business model!" The answer is NOT to demonize the normal (and perfectly ethical) racers who are just doing normal behavior which includes the occasional screengrab for a social media photo op - I feel that even though legally I'd be in the right for saying 'everyone's stealing from me!", I'd be ethically wrong as a photog to start saying "everyone of you folks are good for nothing greedy stealers!" - I brought that upon myself, no different as if I laid out a $100 bill on the sidewalk with a sign next to it "please don't take me." Good luck with that.

If you photogs are so unhappy with the revenue stream via this low-res photo teaser model, then go find a new payment model. One of the small local races I did had a great one - the hi-res photos were included in your race fee - I'm sure they paid the photog up front.


Oh, I'm not unhappy with the stream because I seldom shoot tri as magazines, advertisers and pros have gotten so unreasonable and pay so little ( and the work shows it!). I also seldom see very high end work come from these shooters. I'm just stating the copyright law and trying to stand up for the people that do these images. I do a local series too where they include it in the fees and at times they're quite nice. Never the same as what I would like, but for what I paid, acceptable. Almost every race I buy the images as I support the photogs, know the copyright laws, and feel for those poor bastards out there doing assembly line photography. That was never my thing as I usually have done advertising work and for very high end clients. That said, I miss shooting creative, high quality imagery of the sport I love. The upside is I get to race more often....
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Re: Some people just have no shame ... [lightheir] [ In reply to ]
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lightheir wrote:
ChrisM wrote:
ou8acracker2 wrote:
Devils advocate:

I do not think it is technically illegal to take a screen shot and post that. Now if they were to remove the copyright tag and post it as their own, I believe that is illegal....

(We are not speaking morally or ethically here - rather technically)


As has been pointed out above (just saying it again,..,...since clearly people continue to think otherwise... a la fake news), regardless of what you think, the law provides differently. It is copyright infringement, slam dunk guaranteed, Copyright attaches at the moment of creation. and using it - whether as a screenshot or with the copyright watermark included or deleted - without permission is per se infringement.

Whether there are any damages associated can be argued, but the basic law cannot be argued.

If you disagree because you "don't think" it should be that way, contact your local representative and try to the the U.S.C. changed *uhhhh, pink. sorta....*


Yes, but there are lot of things that are clearly ILLEGAL, but totally not prosecuted in the VAST majority of circumstances (seatbelts, no cell phone talking without handset while driving, staying under the posted speed limit, jaywalking, etc.)

Sure, you can be that nutty lawyer that actually does go and sue every case of those petty cases they can find, but the hard reality is that these types of infringements are NOT prosecuted, and in most situations that's pretty telling regarding the public opinion and ethics of such behavior in that they're tacitly allowed.

Note that I don't think such tacit approval of illegal behavior is necessarily good - a fine example of such tacit allowance but with horrible outcome is cases of drivers who hit cyclists but are pretty much never imprisoned let alone penalized, even in utterly egregious cases. It's just the unfortunate reality that the bulk of public opinion with juries will side with the driver rather than the cyclist, even if the driver has illegally hit the cyclist by crossing the line.

Whether something is a copyright infringement or not (as some have incorrectly argued here that it's not) and whether a case is economically worth prosecuting is apples and oranges. The latter (damages) has absolutely no bearing on the former (liability).

And as an aside, if a photog's work is registered with the US copyright office, damages are statutorily presumed and need not be proven. Those could be $750 to $30,000, or if found willful (i.e. asked to cease and desist or removed a watermark.. perhaps), up to $150K.

Does this affect the Average AGer posting proofed photos on FacebooK? Nope, and we see it all the time.

But i'd say that the reason it happens with such frequency is not that everyone knows it's a violation and thinks the U.S.C. is a bad law, but that most people do not understand it's an infringement and believe it's fair. This thread proves that.
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Re: Some people just have no shame ... [len] [ In reply to ]
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len wrote:
You sweat and suffer whilst dumping?

hahaha reading through all the legal jargon and then read this...and sometimes when you get run a super hard race and have the wrong nutrition...you get the kind of dump you just simply have to jump in the shower after with no attempt at a wipe...we have all been there
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Re: Some people just have no shame ... [friesen] [ In reply to ]
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You all may not be aware that Finisherpix now offers a free service whereby you connect their app to your Facebook account, tell them the race you're doing and your bib number, and then they automatically post a swim, bike and run picture (as well as a link to buy all of the pictures). You don't get to choose which photos they select, so be aware that it could be one of you walking. Not that that's happened to me... :-)

So some watermarked photos are legit, at least from Finisherpix.

Ian
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Re: Some people just have no shame ... [ChrisM] [ In reply to ]
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Fair enough, but I'm still willing to bet that even if people knew it was 'infringement', you won't see much of a dropoff in number of screengrabs (compared to purchases). I doubt that knowledge of infringement is the main reason photogs are complaining of lower revenue rates for this business model.

I still feel pretty strongly this is more of a business model problem than a personal ethics problem.

I definitely feel that the legality surrounding it is an unfair projection - you lawyers KNOW that nobody is going to sue Mr. BOPer for posting his screengrab on Facebook on his personal nonprofit site that has 75 friend followers, and legality aside, I think that says a lot.

I DO think it's unfair to use this law as a yardstick to malign to large mass of people doing it as unethical people - it's just that the law regarding copyright protection has different realities when applied to various situations - and this happens to be a very BAD application the copyright law, or else lawyers would be successfully AND profitably suing Mr. BOPer left and right over it.

If the photogs are so agahst at the unfairness of these screengrabs, either sue Mr. BOPer and prove your point, or accept the reality that you need a better business model. Just because the law permits certain things, doesn't mean you're ethical by following the letter of the law - just ask the worst cases of patent trolls whether what they're doing is legal - I think we all know the worst of them are not ethical in the slightest.
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Re: Some people just have no shame ... [sneeuwaap] [ In reply to ]
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People that do this, are the same people with handicap parking spot placards....who don't need them. The karma train is on an express route with these people.

Someone needs to come up with a witty name for these people...so it spreads across the tri community and these people are forever know as "insert witty, shaming name here"
Last edited by: Mike Alexander: Oct 17, 17 10:43
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Re: Some people just have no shame ... [lightheir] [ In reply to ]
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Not sure where all the business model talk is coming from, I never said a word about that.

Only point I made was that those saying they did not "think" it was copyright infringement were wrong. Again, whether anyone ever sues under these scenarios or not is utterly irrelevant.

Pretty simple.
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Re: Some people just have no shame ... [friesen] [ In reply to ]
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Not condoning the action nor debating the legality of using the pictures. But $30 for one digital image? GMAFB. Lower the price, make up for it in volume, and people will be way less inclined to steal.
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Re: Some people just have no shame ... [Mike Alexander] [ In reply to ]
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Mike Alexander wrote:
People that do this, are the same people with handicap parking spot placards....who don't need them. The karma train is on an express route with these people.

Someone needs to come up with a witty name for these people...so it spreads across the tri community and these people are forever know as "insert witty, shaming name here"

LOL you gotta be kidding me. Not even comparable in even with the worst of the patent troll lawyers at your side!
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Re: Some people just have no shame ... [patentattorney] [ In reply to ]
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patentattorney wrote:
Derivative works (taking off the watermark, or just changing to product to look different) would constitute infringement if the modifications are just slightly different (there are rules that parody is ok).

Any photo of me doing a triathlon is effectively parody, so I presume I'm safe.
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Re: Some people just have no shame ... [Mike Alexander] [ In reply to ]
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Mike Alexander wrote:
Someone needs to come up with a witty name for these people...so it spreads across the tri community and these people are forever know as "insert witty, shaming name here"

I propose that watermarked pix posted on social media be called "Proofies"

"Did you see the Proofies so & so posted from the Such & Such Marathon?"

Carry on


"What's your claim?" - Ben Gravy
"Your best work is the work you're excited about" - Rick Rubin
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Re: Some people just have no shame ... [lightheir] [ In reply to ]
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lightheir wrote:
Mike Alexander wrote:
People that do this, are the same people with handicap parking spot placards....who don't need them. The karma train is on an express route with these people.

Someone needs to come up with a witty name for these people...so it spreads across the tri community and these people are forever know as "insert witty, shaming name here"


LOL you gotta be kidding me. Not even comparable in even with the worst of the patent troll lawyers at your side!

LOL, so educating the misinformed makes one a troll. Got it. It is the era of fake news and "i believe what i believe damn the truth" after all.

This seems to me to be just another example of the entitlement problem in today's society. People feel entitled to do what they want because it makes them feel good, and get butthurt when called out.

And point of order, Patent lawyers (who have a separate bar) prosecute patent claims, not copyrights. Different beast altogether.
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Re: Some people just have no shame ... [sneeuwaap] [ In reply to ]
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sneeuwaap wrote:
You all may not be aware that Finisherpix now offers a free service whereby you connect their app to your Facebook account, tell them the race you're doing and your bib number, and then they automatically post a swim, bike and run picture (as well as a link to buy all of the pictures). You don't get to choose which photos they select, so be aware that it could be one of you walking. Not that that's happened to me... :-)

So some watermarked photos are legit, at least from Finisherpix.

Ian

Yes, I suspect that is going to be the business model (with sponsors) for race photography. Twin Cities Marathon had a similar thing this year and it seemed incredibly effective based on the number of photographs I saw on facebook...
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Re: Some people just have no shame ... [ChrisM] [ In reply to ]
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ChrisM wrote:
lightheir wrote:
Mike Alexander wrote:
People that do this, are the same people with handicap parking spot placards....who don't need them. The karma train is on an express route with these people.

Someone needs to come up with a witty name for these people...so it spreads across the tri community and these people are forever know as "insert witty, shaming name here"


LOL you gotta be kidding me. Not even comparable in even with the worst of the patent troll lawyers at your side!


LOL, so educating the misinformed makes one a troll. Got it. It is the era of fake news and "i believe what i believe damn the truth" after all.

This seems to me to be just another example of the entitlement problem in today's society. People feel entitled to do what they want because it makes them feel good, and get butthurt when called out.

And point of order, Patent lawyers (who have a separate bar) prosecute patent claims, not copyrights. Different beast altogether.


Uhhh, I think you knew I was LOLing on comparing handicapped parking placard stealers compared to screengrabbers of race pix. I'll defer to you on all issues legalese.

I think even you know this is a different issue that ethics (despite a lot of posters above intentionally or unintentionally trying to equate the two, or meaning that you're unethical if you don't follow the copyright letter of the law to the absolute "T", which I definitely disagree with despite the legal situation about it.)
Last edited by: lightheir: Oct 17, 17 11:17
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Re: Some people just have no shame ... [IronStork] [ In reply to ]
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Exactly. People having no shame is what I thought about this precise company considering the ĂĽberpriced piss-poor quality photographs taken in shitty locations I had to choose from for my last race....
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Re: Some people just have no shame ... [IronStork] [ In reply to ]
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IronStork wrote:
Not condoning the action nor debating the legality of using the pictures. But $30 for one digital image? GMAFB. Lower the price, make up for it in volume, and people will be way less inclined to steal.


Kinda picky considering all the things people spend money on in triathlon.
Last edited by: walie: Oct 17, 17 11:24
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Re: Some people just have no shame ... [ChrisM] [ In reply to ]
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ChrisM wrote:
This seems to me to be just another example of the entitlement problem in today's society. People feel entitled to do what they want because it makes them feel good, and get butthurt when called out.

Yeah, I got piled on elsewhere today when I called out that [confessed] bib-swapper

Ask Virginia Plain; it was not pretty [I got called a sexist for saying "girls" and "ponytails"]

"What's your claim?" - Ben Gravy
"Your best work is the work you're excited about" - Rick Rubin
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Re: Some people just have no shame ... [RandMart] [ In reply to ]
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RandMart wrote:
ChrisM wrote:
This seems to me to be just another example of the entitlement problem in today's society. People feel entitled to do what they want because it makes them feel good, and get butthurt when called out.


Yeah, I got piled on elsewhere today when I called out that [confessed] bib-swapper

Ask Virginia Plain; it was not pretty [I got called a sexist for saying "girls" and "ponytails"]

Apparently the word ponytail is offensive to the vaginally inclined. Who knew?
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Re: Some people just have no shame ... [RandMart] [ In reply to ]
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RandMart wrote:
Mike Alexander wrote:
Someone needs to come up with a witty name for these people...so it spreads across the tri community and these people are forever know as "insert witty, shaming name here"


I propose that watermarked pix posted on social media be called "Proofies"

"Did you see the Proofies so & so posted from the Such & Such Marathon?"

Carry on

I kind of like it. +1
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Re: Some people just have no shame ... [friesen] [ In reply to ]
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Hello friesen and All,

Perhaps a message on low res previews that states ... PLEASE PAY THE PHOTOGRAPHER THAT DID THE WORK TO CREATE THIS IMAGE ..... Website Address.com ..... and the message covers most of the picture.

Maybe when queried ...... the photographer's website images only show for 2 seconds one time only ...... and create other strategies to make copying images difficult .... while this procedure could be defeated it would at least created a hurdle to copying.

Photographers could gift very low res images (or offer at reduced price) with message across the of the face of the picture: THIS IMAGE IS A GIFT TO SOLICIT YOU BUSINESS ...... High Resolution Image Available At Additional Cost ...... Website Address.com


Some of this new software might be helpful to prevent widespread publication of copyright photos .....

The secure add-on brings Messenger in line with other messaging apps that have enhanced security, such as the end-to-end encrypted WhatsApp, iMessage and Telegram, Snapchat's disappearing pictures, and Google Allo's "Incognito" messaging. .

Any other ideas?

Cheers, Neal

+1 mph Faster
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Re: Some people just have no shame ... [Grant.Reuter] [ In reply to ]
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Grant.Reuter wrote:
ou8acracker2 wrote:
Devils advocate:

I do not think it is technically illegal to take a screen shot and post that. Now if they were to remove the copyright tag and post it as their own, I believe that is illegal....

(We are not speaking morally or ethically here - rather technically)


Still illegal at least from a quick google search. The fact that you are using the image, can be inferred that you want the image but aren’t willing to pay therefore depriving the person who took the image the income that the image would have produced.

This who situation would be allieviated if 1- like some have suggested it’s included in registration fees or 2- the photographers stop charging 30 dollars a photo for a crappy picture that my wife could take a better one of using her iPhone.

If your effort is at the level of Nick (tririg) sure your pictures are worth some money. If you don’t even know how to set a camera shutter speed so that the bike wheels aren’t blurry your pictures aren’t worth that much. So people do what the OP said and just use the water marked ones.

It’s still stealing however.

Not talking to you, but why don't more people do this?

Want your own high quality photo of you riding by at 30kph+ for cheaper? Bring your own photographer.
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Re: Some people just have no shame ... [lightheir] [ In reply to ]
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What you keep repeating here over and over is both wrong and illegal. You seem to understand that but still think it is ok. I really don't get that. I assume you justify drafting, floaty shorts under your swimskin, banditing races, and any sort of petty theft that is not economically feasible to prosecute. Your arguments really make no logical sense . . . "If people steal something too small to pursue we should not call them unethical, we should change the law to make stealing below a certain level legal and therefore ethical." That wouldn't even make sense to my high school daughter and her Ethics Bowl teammates, or her the sophomoric underclasspersons.

If, on the other hand you are advocating that folks are just so inherently bad that we should accept that infringement is the new moral standard, then we are all in a heap of trouble trying to live in a civilized society.

Personally I appreciate the hard work and efforts of race photographers. I don't think it is their business model that is the problem.

David
* Ironman for Life! (Blog) * IM Everyday Hero Video * Daggett Shuler Law *
Disclaimer: I have personal and professional relationships with many athletes, vendors, and organizations in the triathlon world.
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Re: Some people just have no shame ... [david] [ In reply to ]
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For the love of God, stop saying its "illegal" minor copyright infringement is not criminal. Additionally, there is an arguable Section 109 four factor Fair Use Argument for minor Social Media sharing of the picture with the photo credit in place (better with the full link, which is common).

Now, is it "ethical". Probably not, unless the photographer has given the ok to share with citation and link backs.

That said, I only share with permission and pay for the pictures I like from my goal event. That photographer also uses a host that blocks right clicking. He loses the free marketing but ultimately controls where his images are at. It may help that he in my estimation is way better that any other event photographer I have seen.
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Re: Some people just have no shame ... [lightheir] [ In reply to ]
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lightheir wrote:
If you photogs are so unhappy with the revenue stream via this low-res photo teaser model, then go find a new payment model. One of the small local races I did had a great one - the hi-res photos were included in your race fee - I'm sure they paid the photog up front.

I shoot races purely for fun and as a hobby. I do have SmugMug site where I do charge.I know how much other local photogs charge for digital files (I know, since I've purchased them). For many of them, it's a business. I do put a small watermark on my photos that doesn't cover most of the image. Could someone just screen grab and use it? Sure. However, I have a pretty simple pricing model geared towards the racer.

I charge $0.99 for a low-res image to use on social media, website, etc. I then charge $10 for the original file for those that want to blow it up, etc. There is disclaimer when purchasing that the license is only for personal use, not commercial. I have had people want to buy one and use on their club's FB page. I explain the license to them and how the file can and can't be used. Could one of their club's sponsors use it for promotional purposes on their own website? Sure. Would I go after them for not having a license for commercial use. Probably not, other than e-mail to them reminding them about the original license.

Ironically, I just shot a CX race and am finishing going through the photos. It was a learning experience for me, so I'm just going to post them for free. I'm actually debating between throwing my watermark on them, so the person has to contact me for the file or just letting them download it. Ah, you have to love photo rights...

"Most of my heroes don't appear on no stamps"
Blog = http://extrememomentum.com|Photos = http://wheelgoodphotos.com
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Re: Some people just have no shame ... [david] [ In reply to ]
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david wrote:
What you keep repeating here over and over is both wrong and illegal. You seem to understand that but still think it is ok. I really don't get that. I assume you justify drafting, floaty shorts under your swimskin, banditing races, and any sort of petty theft that is not economically feasible to prosecute. Your arguments really make no logical sense . . . "If people steal something too small to pursue we should not call them unethical, we should change the law to make stealing below a certain level legal and therefore ethical." That wouldn't even make sense to my high school daughter and her Ethics Bowl teammates, or her the sophomoric underclasspersons.

If, on the other hand you are advocating that folks are just so inherently bad that we should accept that infringement is the new moral standard, then we are all in a heap of trouble trying to live in a civilized society.

Personally I appreciate the hard work and efforts of race photographers. I don't think it is their business model that is the problem.


Yes, I do - that of course would be a logical ST strawman extension of the argument...similarly like you never go above the posted speed limit, declare ALL of your cash gifts and income on your annual tax return, and of course, NEVER enter the draft zone while passing during a race because you don't download low-res finisher pix!
Last edited by: lightheir: Oct 17, 17 12:42
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