Important: EU law to limit freedom of photography on the way

Re: This story is false and part of an anti-EU campaign

Maiaibing said:
1982chris911 said:
Facebooks usage of pictures there could already be coined as commercial - especially if they use your pictures to make advertisements (a right which you grant to them in their service's terms & conditions) which was singed by all users.

I trust you do not believe this stupidity yourself.

I am leaving this discussion now. Everyone can now easily draw the right conclusion from the above exchange.

Well if you believe it or not, this is exactly what several IP lawyers questioned today in German State Television said will happen...
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

1982chris911 said:
You can read Mr Canada's statement here: and it is very clear that he intends to basically ban all photography of modern landmarks from the social part of the internet or wants to impose fees either for the photographers highly likely or Facebook and other (which won't work due to Terms you need to sign when using the service) ...

Well, that will be great for tourism which, as I mentionec above, accounts for ~9% of the EU's GDP. Practically speaking, this will not have an impact on tourists taking vacation photos. Period.
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

Maiaibing said:
1982chris911 said:
Facebooks usage of pictures there could already be coined as commercial - especially if they use your pictures to make advertisements (a right which you grant to them in their service's terms & conditions) which was singed by all users.

I trust you do not believe this stupidity yourself.

I am leaving this discussion now. Everyone can now easily draw the right conclusion from the above exchange.

And in this regard I know what I am talking about:

Yahoo already uses pictures which I posted on Flickr as advertisement material. Of course they never asked me for permission. You can just google "Yahoo Weather App" in pictures. about 10% of all pictures in the first 500 hits are by me ... Some are even taken from my apartment in New York so no one else could have taken them ever!

They even cut out my signature and replaced it by someone elses for the pictures they used in Apples App and Googles Android store ...
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

1982chris911 said:
Ok so in order to only make simple vacation pictures me and everyone else here should better not use a professional or semiprofessional Canon camera in any European city... Hopefully that will save the P&S camera market ... Or who explains to the nice security people and police persons who question you whether this very professional looking gear is used commercial or not ... that you are just a tourist... Well hopefully they then also ban all painters from the streets ... they could by accident paint something copyrighted and try to sell it ... Goodbye Freedom... Hello North Korea

Overreact much?

Basically, this brings the whole EU in line with France, yes? Recently at L'Arc de Triomphe, I was wandering around with a tripod-mounted 1D X and TS-E 17L, and as I walked toward the stairs leading down to the tunnel, I was approached by one of those nice (machine gun-toting) security people you mentioned. Did he accost me and demand to know why I was violating French copyright law? No...he kindly suggested I collapse my tripod before walking down the stairs, for safety reasons.
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

1982chris911 said:
Maiaibing said:
1982chris911 said:
Facebooks usage of pictures there could already be coined as commercial - especially if they use your pictures to make advertisements (a right which you grant to them in their service's terms & conditions) which was singed by all users.

I trust you do not believe this stupidity yourself.

I am leaving this discussion now. Everyone can now easily draw the right conclusion from the above exchange.

And in this regard I know what I am talking about:

Yahoo already uses pictures which I posted on Flickr as advertisement material. Of course they never asked me for permission. You can just google "Yahoo Weather App" in pictures. about 10% of all pictures in the first 500 hits are by me ... Some are even taken from my apartment in New York so no one else could have taken them ever!

They even cut out my signature and replaced it by someone elses for the pictures they used in Apples App and Googles Android store ...

Maybe you should warn people about the practices of social media instead of scaring them with your (unfounded) interpretation of the consequences of EU proposals.
Or simply delete your social media accounts if you don’t like their terms of use. No one is forcing you to put photos on Flickr. You complain about Yahoo using your pictures without your permission, yet you link to your Flickr account with every post here.
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

neuroanatomist said:
1982chris911 said:
Ok so in order to only make simple vacation pictures me and everyone else here should better not use a professional or semiprofessional Canon camera in any European city... Hopefully that will save the P&S camera market ... Or who explains to the nice security people and police persons who question you whether this very professional looking gear is used commercial or not ... that you are just a tourist... Well hopefully they then also ban all painters from the streets ... they could by accident paint something copyrighted and try to sell it ... Goodbye Freedom... Hello North Korea

Overreact much?

Basically, this brings the whole EU in line with France, yes? Recently at L'Arc de Triomphe, I was wandering around with a tripod-mounted 1D X and TS-E 17L, and as I walked toward the stairs leading down to the tunnel, I was approached by one of those nice (machine gun-toting) security people you mentioned. Did he accost me and demand to know why I was violating French copyright law? No...he kindly suggested I collapse my tripod before walking down the stairs, for safety reasons.

Not really an overreaction as basically the amended version says "the commercial use of photographs, video footage or other images of works which are permanently located in physical public places" means that of course paintings and drawings also need authorization ...

And the thing I am talking about with police and security forces is not today's standard but what could be the result of such laws. Remember the situation in UK due to their Antiterror laws: http://www.wirefresh.com/uk-minister-reassures-photographers-about-police-harassment/
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

100 said:
1982chris911 said:
Maiaibing said:
1982chris911 said:
Facebooks usage of pictures there could already be coined as commercial - especially if they use your pictures to make advertisements (a right which you grant to them in their service's terms & conditions) which was singed by all users.

I trust you do not believe this stupidity yourself.

I am leaving this discussion now. Everyone can now easily draw the right conclusion from the above exchange.

And in this regard I know what I am talking about:

Yahoo already uses pictures which I posted on Flickr as advertisement material. Of course they never asked me for permission. You can just google "Yahoo Weather App" in pictures. about 10% of all pictures in the first 500 hits are by me ... Some are even taken from my apartment in New York so no one else could have taken them ever!

They even cut out my signature and replaced it by someone elses for the pictures they used in Apples App and Googles Android store ...

Maybe you should warn people about the practices of social media instead of scaring them with your (unfounded) interpretation of the consequences of EU proposals.
Or simply delete your social media accounts if you don’t like their terms of use. No one is forcing you to put photos on Flickr. You complain about Yahoo using your pictures without your permission, yet you link to your Flickr account with every post here.

Ok so you wanna say that people like me have no right to share their pictures online and complain if some company uses them for ads without permission ... just bc. the pictures are there and hey they can use them and don't need to pay someone like eg. Gatty images ... Great !!!

But of course if some architect or some lawyers who represent his rights wants to collect royalties from people who take pictures of some buildings they know nothing about in a city they maybe visit for the first time that is OK ...

What great show of double standards ...
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

100 said:
1982chris911 said:
Maiaibing said:
1982chris911 said:
Facebooks usage of pictures there could already be coined as commercial - especially if they use your pictures to make advertisements (a right which you grant to them in their service's terms & conditions) which was singed by all users.

I trust you do not believe this stupidity yourself.

I am leaving this discussion now. Everyone can now easily draw the right conclusion from the above exchange.

And in this regard I know what I am talking about:

Yahoo already uses pictures which I posted on Flickr as advertisement material. Of course they never asked me for permission. You can just google "Yahoo Weather App" in pictures. about 10% of all pictures in the first 500 hits are by me ... Some are even taken from my apartment in New York so no one else could have taken them ever!

They even cut out my signature and replaced it by someone elses for the pictures they used in Apples App and Googles Android store ...

Maybe you should warn people about the practices of social media instead of scaring them with your (unfounded) interpretation of the consequences of EU proposals.
Or simply delete your social media accounts if you don’t like their terms of use. No one is forcing you to put photos on Flickr. You complain about Yahoo using your pictures without your permission, yet you link to your Flickr account with every post here.

And by the way if I look at your own flickr profile I see exactly the same kind of pictures and that there are lot building in them which would fall under copyright laws ... So the same would be true for yourself...

Oh and you also link your account with every post as part of your signature ... I guess that is quite common in a photography related forum ...
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

1982chris911 said:
100 said:
1982chris911 said:
Maiaibing said:
1982chris911 said:
Facebooks usage of pictures there could already be coined as commercial - especially if they use your pictures to make advertisements (a right which you grant to them in their service's terms & conditions) which was singed by all users.

I trust you do not believe this stupidity yourself.

I am leaving this discussion now. Everyone can now easily draw the right conclusion from the above exchange.

And in this regard I know what I am talking about:

Yahoo already uses pictures which I posted on Flickr as advertisement material. Of course they never asked me for permission. You can just google "Yahoo Weather App" in pictures. about 10% of all pictures in the first 500 hits are by me ... Some are even taken from my apartment in New York so no one else could have taken them ever!

They even cut out my signature and replaced it by someone elses for the pictures they used in Apples App and Googles Android store ...

Maybe you should warn people about the practices of social media instead of scaring them with your (unfounded) interpretation of the consequences of EU proposals.
Or simply delete your social media accounts if you don’t like their terms of use. No one is forcing you to put photos on Flickr. You complain about Yahoo using your pictures without your permission, yet you link to your Flickr account with every post here.

Ok so you wanna say that people like me have no right to share their pictures online and complain if some company uses them for ads without permission ... just bc. the pictures are there and hey they can use them and don't need to pay someone like eg. Gatty images ... Great !!!

But of course if some architect or some lawyers who represent his rights wants to collect royalties from people who take pictures of some buildings they know nothing about in a city they maybe visit for the first time that is OK ...

What great show of double standards ...

Where exactly do I say you have no right to share pictures online?
And where do I say it’s ok for architects to collect royalties from people taking pictures?

These kind of conclusions say a lot about your (lack of) interpretation skills.
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

100 said:
1982chris911 said:
100 said:
1982chris911 said:
Maiaibing said:
1982chris911 said:
Facebooks usage of pictures there could already be coined as commercial - especially if they use your pictures to make advertisements (a right which you grant to them in their service's terms & conditions) which was singed by all users.

I trust you do not believe this stupidity yourself.

I am leaving this discussion now. Everyone can now easily draw the right conclusion from the above exchange.

And in this regard I know what I am talking about:

Yahoo already uses pictures which I posted on Flickr as advertisement material. Of course they never asked me for permission. You can just google "Yahoo Weather App" in pictures. about 10% of all pictures in the first 500 hits are by me ... Some are even taken from my apartment in New York so no one else could have taken them ever!

They even cut out my signature and replaced it by someone elses for the pictures they used in Apples App and Googles Android store ...

Maybe you should warn people about the practices of social media instead of scaring them with your (unfounded) interpretation of the consequences of EU proposals.
Or simply delete your social media accounts if you don’t like their terms of use. No one is forcing you to put photos on Flickr. You complain about Yahoo using your pictures without your permission, yet you link to your Flickr account with every post here.

Ok so you wanna say that people like me have no right to share their pictures online and complain if some company uses them for ads without permission ... just bc. the pictures are there and hey they can use them and don't need to pay someone like eg. Gatty images ... Great !!!

But of course if some architect or some lawyers who represent his rights wants to collect royalties from people who take pictures of some buildings they know nothing about in a city they maybe visit for the first time that is OK ...

What great show of double standards ...

Where exactly do I say you have no right share pictures online?
And where do I say it’s ok for architects to collect royalties from people taking pictures?

These kind of conclusions say a lot about your (lack of) interpretations skills.

"Or simply delete your social media accounts if you don’t like their terms of use. No one is forcing you to put photos on Flickr." Sounds to me like I have no right to complain ... and btw I did not bring this whole FB/Google/Yahoo thing up first hand, it was only an answer to another person saying that such thing does not happen ... well in my case it happened ... and that is the only point which I wanted to make by mentioning this ... so maybe you should also read the context of how that came into place first before making such statements ...

I also think it is funny that you who could obviously be a victim of such laws if they ever happen, says that an opinion which is based on a lot of sources who everyone can access online, thinks there is a need to somehow protect what a certain MEP (Mr. Cavada) of the EU made out of proposal which had the aim to protect photographer's rights within the EU ... otherwise your statement of "scaring" does not make much sense ... bc. if that what MR Cavada purposes really happenes this IS scary and will limit photography a lot in EU cities... especially the one we are talking about in the context of this forum... purely assuming most ppl. here wanna use their gear in public without being questioned or harassed ...
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

neuroanatomist said:
1982chris911 said:
Ok so in order to only make simple vacation pictures me and everyone else here should better not use a professional or semiprofessional Canon camera in any European city... Hopefully that will save the P&S camera market ... Or who explains to the nice security people and police persons who question you whether this very professional looking gear is used commercial or not ... that you are just a tourist... Well hopefully they then also ban all painters from the streets ... they could by accident paint something copyrighted and try to sell it ... Goodbye Freedom... Hello North Korea

Overreact much?

Basically, this brings the whole EU in line with France, yes? Recently at L'Arc de Triomphe, I was wandering around with a tripod-mounted 1D X and TS-E 17L, and as I walked toward the stairs leading down to the tunnel, I was approached by one of those nice (machine gun-toting) security people you mentioned. Did he accost me and demand to know why I was violating French copyright law? No...he kindly suggested I collapse my tripod before walking down the stairs, for safety reasons.

You can legally take photos of the Eiffel Tower during the day: "The Eiffel Tower was built in 1889 which means that it falls within the public domain, so tourists can snap away liberally during the day. "The Eiffel Tower was built in 1889 which means that it falls within the public domain, so tourists can snap away liberally during the day." But "lights that illuminate the attraction at night are technically an art work, so 'reproducing' requires the permission of the artist."

So, Neuro, you were probably accosted during the daytime.

see for example: http://www.dailymail.co.uk/travel/travel_news/article-2831331/Tourists-warned-breaking-law-taking-photos-Eiffel-Tower-night-sharing-images-Facebook-ILLEGAL.html#ixzz3eOhhpFuN
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

1982chris911 said:
Ok so you wanna say that people like me have no right to share their pictures online and complain if some company uses them for ads without permission ... just bc. the pictures are there and hey they can use them and don't need to pay someone like eg.

Really, without permission? I suppose you have grounds to sue Yahoo for infringement and commercial use of your images. Don't worry, I'm sure your lawsuit will be successful because Yahoo's laywers will undoubtedly be unable to produce the Terms of Service to which you agreed as part of your Flickr account.
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

AlanF said:
You can legally take photos of the Eiffel Tower during the day: "The Eiffel Tower was built in 1889 which means that it falls within the public domain, so tourists can snap away liberally during the day. "The Eiffel Tower was built in 1889 which means that it falls within the public domain, so tourists can snap away liberally during the day." But "lights that illuminate the attraction at night are technically an art work, so 'reproducing' requires the permission of the artist."

So, Neuro, you were probably accosted during the daytime.

see for example: http://www.dailymail.co.uk/travel/travel_news/article-2831331/Tourists-warned-breaking-law-taking-photos-Eiffel-Tower-night-sharing-images-Facebook-ILLEGAL.html#ixzz3eOhhpFuN

In fact, I was speaking about L'Arc de Triomphe, but of course that's sufficiently old as well. However, I'm pretty sure I recall the time of day during which I visited the Eiffel Tower, and neither I nor the many other people walking around with high-end camera gear and tripods were accosted by security personnel.
 

Attachments

  • Trois Eiffels.jpg
    Trois Eiffels.jpg
    192.2 KB · Views: 226
Upvote 0
Re: This story is false and part of an anti-EU campaign

neuroanatomist said:
1982chris911 said:
Ok so you wanna say that people like me have no right to share their pictures online and complain if some company uses them for ads without permission ... just bc. the pictures are there and hey they can use them and don't need to pay someone like eg.

Really, without permission? I suppose you have grounds to sue Yahoo for infringement and commercial use of your images. Don't worry, I'm sure your lawsuit will be successful because Yahoo's laywers will undoubtedly be unable to produce the Terms of Service to which you agreed as part of your Flickr account.

See that is the point why you could not do anything and that is funny (I also never did anything just mentioning this as an anecdote how pictures suddenly end up in commercial use) ... bc of course some of the pictures where there long before Yahoo with this Weather App announced that screenshots could be used for promotion ... and at that time these pictures were uploaded by me there was not even a Yahoo weather app.
About 1 year later their group admin requested me to share some of my pictures in their group to use them as background for the app which was course non commercial use and I kind of liked that idea ... For some reason they then about 6 months later after the app became quite successful, started to use screen shots of these pictures while in the app and use them as promotional material on Apples App store etc... this is of course use commercial use then ... so that is how this developed and again it is nice example how no commercial becomes commercial without the photographer even knowing at first ...

that what many think cannot happen to their "vacation" pictures ...


Second thing ... those terms of service also change ... Companies like FB, Yahoo etc. obviously change them every few months (years in some cases)...
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

1982chris911 said:
100 said:
1982chris911 said:
100 said:
1982chris911 said:
Maiaibing said:
1982chris911 said:
Facebooks usage of pictures there could already be coined as commercial - especially if they use your pictures to make advertisements (a right which you grant to them in their service's terms & conditions) which was singed by all users.

I trust you do not believe this stupidity yourself.

I am leaving this discussion now. Everyone can now easily draw the right conclusion from the above exchange.

And in this regard I know what I am talking about:

Yahoo already uses pictures which I posted on Flickr as advertisement material. Of course they never asked me for permission. You can just google "Yahoo Weather App" in pictures. about 10% of all pictures in the first 500 hits are by me ... Some are even taken from my apartment in New York so no one else could have taken them ever!

They even cut out my signature and replaced it by someone elses for the pictures they used in Apples App and Googles Android store ...

Maybe you should warn people about the practices of social media instead of scaring them with your (unfounded) interpretation of the consequences of EU proposals.
Or simply delete your social media accounts if you don’t like their terms of use. No one is forcing you to put photos on Flickr. You complain about Yahoo using your pictures without your permission, yet you link to your Flickr account with every post here.

Ok so you wanna say that people like me have no right to share their pictures online and complain if some company uses them for ads without permission ... just bc. the pictures are there and hey they can use them and don't need to pay someone like eg. Gatty images ... Great !!!

But of course if some architect or some lawyers who represent his rights wants to collect royalties from people who take pictures of some buildings they know nothing about in a city they maybe visit for the first time that is OK ...

What great show of double standards ...

Where exactly do I say you have no right share pictures online?
And where do I say it’s ok for architects to collect royalties from people taking pictures?

These kind of conclusions say a lot about your (lack of) interpretations skills.

"Or simply delete your social media accounts if you don’t like their terms of use. No one is forcing you to put photos on Flickr." Sounds to me like I have no right to complain ... and btw I did not bring this whole FB/Google/Yahoo thing up first hand, it was only an answer to another person saying that such thing does not happen ... well in my case it happened ... and that is the only point which I wanted to make by mentioning this ... so maybe you should also read the context of how that came into place first before making such statements ...

I also think it is funny that you who could obviously be a victim of such laws if they ever happen, says that an opinion which is based on a lot of sources who everyone can access online, thinks there is a need to somehow protect what a certain MEP (Mr. Cavada) of the EU made out of proposal which had the aim to protect photographer's rights within the EU ... otherwise your statement of "scaring" does not make much sense ... bc. if that what MR Cavada purposes really happenes this IS scary and will limit photography a lot in EU cities... especially the one we are talking about in the context of this forum... purely assuming most ppl. here wanna use their gear in public without being questioned or harassed ...
I ask you again, where do I say you have no rights to post pictures online and/or complain about anything?
If I say “throw away your old shoes, no one is forcing you to wear them” do you really think I mean you have no right to wear old shoes and complain about them?

On page 2 and 3 of this discussion I made it clear we have different interpretations of what “commercial use” amounts to in this case. I don’t think tourists and amateur photographers have anything to fear.

I do believe architects and artists should have some rights.
Imagine you give permission to a charity to use one of your pictures for their campaign. They use it on a billboard in a public place. I take a picture of that billboard (basically copying it) and use it commercially (print it on T-shirts, make postcards, sell it to other people) without your permission and without paying you anything.
You’re ok with that?

If not, don’t you think other people (like architects, painters, sculptures) should have some rights as well? If I design a building, paint a picture of make a sculpture that ends up in a public place do you think it’s fair anyone can use an image of that work for things like advertising and merchandising?

This has nothing to do with tourists taking pictures or amateur photographers using “professional” looking camera’s. You can believe whatever you want, you can interpret any proposal however you please, but that doesn’t mean your interpretation is the right one. To me you are just trying to scare people without any real facts, any relevant jurisprudence and/or any real arguments.
If you make enough smoke some people might believe the world is on fire, but I’m not one of them.
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

1982chris911 said:
neuroanatomist said:
1982chris911 said:
Ok so you wanna say that people like me have no right to share their pictures online and complain if some company uses them for ads without permission ... just bc. the pictures are there and hey they can use them and don't need to pay someone like eg.

Really, without permission? I suppose you have grounds to sue Yahoo for infringement and commercial use of your images. Don't worry, I'm sure your lawsuit will be successful because Yahoo's laywers will undoubtedly be unable to produce the Terms of Service to which you agreed as part of your Flickr account.

See that is the point why you could not do anything and that is funny (I also never did anything just mentioning this as an anecdote how pictures suddenly end up in commercial use) ... bc of course some of the pictures where there long before Yahoo with this Weather App announced that screenshots could be used for promotion ... and at that time these pictures were uploaded by me there was not even a Yahoo weather app. about 1 year later their group admin requested me to share some of my pictures in their group to use them as background for the app which was course non commercial use and I kind of liked that idea ... for some reason they then started to use screen shots of these pictures while in the app and use them as promotional material on Apples App store etc... this is of course use commercial then ... so that is how this developed and again it is nice example how no commercial becomes commercial without the photographer even knowing at first ...

Of course you could do something – not agree to the ToS.

1982chris911 said:
Second thing ... those terms of service also change ... Companies like FB, Yahoo etc. obviously change them every few months (years in some cases)...

Of course they do...and they must notify users of those changes, and users must agree to them or stop using the service. You seem to be playing the martyr here, suggesting you had no option to prevent this from happening, and that's manifestly untrue.

Incidentally, if you remove those images from your account, Yahoo must also cease their use of them. If they do not, I suspect you would have grounds for a lawsuit.
 
Upvote 0
neuroanatomist said:
As for being accosted by security personnel, it must be noted that creating the reproduction would not become illegal...only commercial use of it.

Well funnily there is an Canon or B&H add on my screen (I suppose everyone else's also) just below that picture... so in some way we are already in that grey area of commercial and non commercial... and the thing with the Eiffel tower is different...
Not taking the picture is the problem but the usage. In London in my experience the wording of the security guard was quite different:
About like this: "Please immediately stop taking pictures! you are not allowed to take pictures of these building."
I told him then that there about 15 other people taking pictures around the place (at Moore London). but he insisted on that I am not allowed to take any pictures with my camera here, only if I point it at the Tower Bridge" I asked him again for the reason and was told that my gear looks professional and that the building owners do not allow pictures of the buildings. For your information this is an open space just infant of London City Hall ...
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

100 said:
1982chris911 said:
100 said:
1982chris911 said:
100 said:
1982chris911 said:
Maiaibing said:
1982chris911 said:
Facebooks usage of pictures there could already be coined as commercial - especially if they use your pictures to make advertisements (a right which you grant to them in their service's terms & conditions) which was singed by all users.

I trust you do not believe this stupidity yourself.

I am leaving this discussion now. Everyone can now easily draw the right conclusion from the above exchange.

And in this regard I know what I am talking about:

Yahoo already uses pictures which I posted on Flickr as advertisement material. Of course they never asked me for permission. You can just google "Yahoo Weather App" in pictures. about 10% of all pictures in the first 500 hits are by me ... Some are even taken from my apartment in New York so no one else could have taken them ever!

They even cut out my signature and replaced it by someone elses for the pictures they used in Apples App and Googles Android store ...

Maybe you should warn people about the practices of social media instead of scaring them with your (unfounded) interpretation of the consequences of EU proposals.
Or simply delete your social media accounts if you don’t like their terms of use. No one is forcing you to put photos on Flickr. You complain about Yahoo using your pictures without your permission, yet you link to your Flickr account with every post here.

Ok so you wanna say that people like me have no right to share their pictures online and complain if some company uses them for ads without permission ... just bc. the pictures are there and hey they can use them and don't need to pay someone like eg. Gatty images ... Great !!!

But of course if some architect or some lawyers who represent his rights wants to collect royalties from people who take pictures of some buildings they know nothing about in a city they maybe visit for the first time that is OK ...

What great show of double standards ...

Where exactly do I say you have no right share pictures online?
And where do I say it’s ok for architects to collect royalties from people taking pictures?

These kind of conclusions say a lot about your (lack of) interpretations skills.

"Or simply delete your social media accounts if you don’t like their terms of use. No one is forcing you to put photos on Flickr." Sounds to me like I have no right to complain ... and btw I did not bring this whole FB/Google/Yahoo thing up first hand, it was only an answer to another person saying that such thing does not happen ... well in my case it happened ... and that is the only point which I wanted to make by mentioning this ... so maybe you should also read the context of how that came into place first before making such statements ...

I also think it is funny that you who could obviously be a victim of such laws if they ever happen, says that an opinion which is based on a lot of sources who everyone can access online, thinks there is a need to somehow protect what a certain MEP (Mr. Cavada) of the EU made out of proposal which had the aim to protect photographer's rights within the EU ... otherwise your statement of "scaring" does not make much sense ... bc. if that what MR Cavada purposes really happenes this IS scary and will limit photography a lot in EU cities... especially the one we are talking about in the context of this forum... purely assuming most ppl. here wanna use their gear in public without being questioned or harassed ...
I ask you again, where do I say you have no rights to post pictures online and/or complain about anything?
If I say “throw away your old shoes, no one is forcing you to wear them” do you really think I mean you have no right to wear old shoes and complain about them?

On page 2 and 3 of this discussion I made it clear we have different interpretations of what “commercial use” amounts to in this case. I don’t think tourists and amateur photographers have anything to fear.

I do believe architects and artists should have some rights.
Imagine you give permission to a charity to use one of your pictures for their campaign. They use it on a billboard in a public place. I take a picture of that billboard (basically copying it) and use it commercially (print it on T-shirts, make postcards, sell it to other people) without your permission and without paying you anything.
You’re ok with that?

If not, don’t you think other people (like architects, painters, sculptures) should have some rights as well? If I design a building, paint a picture of make a sculpture that ends up in a public place do you think it’s fair anyone can use an image of that work for things like advertising and merchandising?

This has nothing to do with tourists taking pictures or amateur photographers using “professional” looking camera’s. You can believe whatever you want, you can interpret any proposal however you please, but that doesn’t mean your interpretation is the right one. To me you are just trying to scare people without any real facts, any relevant jurisprudence and/or any real arguments.
If you make enough smoke some people might believe the world is on fire, but I’m not one of them.

well you are not the one who decides what is commercial use and what is not, that is the point in that case. Instead a highly paid IP lawyer will do it for his/her client with the intent to use every weird way possible to open a case and make people pay if it is possible by the law ... in our society such thing unfortunately happens from time to time and it is also what some lawyers make their money with. This is especially difficult if you have no longer a 100% control over your pictures (as they are on some cooperate server located somewhere else in maybe a different country and also if you like most ppl don't know exactly the ToS or how to read them in legal terms of services like FB/Google/Yahoo) or even know if the building or artwork you where taking pictures of is protected or not ... it is quite a nice uneven field for a lawyer to play as you are mostly always lacking some information...

Second thing: If I take a picture of that billboard (basically copying it) and use it commercially (print it on T-shirts, make postcards, sell it to other people) without your permission and without paying you anything.
You’re ok with that?
Well taking a picture of a billboard is not the same as taking one of a building or a public work of art (in most countries artworks are further protected by more specific laws- so don't worry too much about them) ... you may also not take pictures of random people and use them for commercial purposes if they can be identified. That is what model releases are for ... However in the case of the freedom of panorama one is talking about the cityscape in general also and there public art and building will always be visible - and all artists and architects know that ... mostly that is the reason why they wanna create very elaborate works - (they are also paid very much) so if they have any problem with their work being shown publicly and being photographed that is their problem not the one of the public ... This case is the same as if someone wants all people to leave Times Square in New York bc. he feels his privacy is invaded by all the people there, so he could walk there on his own ...
 
Upvote 0
Re: This story is false and part of an anti-EU campaign

neuroanatomist said:
1982chris911 said:
neuroanatomist said:
1982chris911 said:
Ok so you wanna say that people like me have no right to share their pictures online and complain if some company uses them for ads without permission ... just bc. the pictures are there and hey they can use them and don't need to pay someone like eg.

Really, without permission? I suppose you have grounds to sue Yahoo for infringement and commercial use of your images. Don't worry, I'm sure your lawsuit will be successful because Yahoo's laywers will undoubtedly be unable to produce the Terms of Service to which you agreed as part of your Flickr account.

See that is the point why you could not do anything and that is funny (I also never did anything just mentioning this as an anecdote how pictures suddenly end up in commercial use) ... bc of course some of the pictures where there long before Yahoo with this Weather App announced that screenshots could be used for promotion ... and at that time these pictures were uploaded by me there was not even a Yahoo weather app. about 1 year later their group admin requested me to share some of my pictures in their group to use them as background for the app which was course non commercial use and I kind of liked that idea ... for some reason they then started to use screen shots of these pictures while in the app and use them as promotional material on Apples App store etc... this is of course use commercial then ... so that is how this developed and again it is nice example how no commercial becomes commercial without the photographer even knowing at first ...

Of course you could do something – not agree to the ToS.

1982chris911 said:
Second thing ... those terms of service also change ... Companies like FB, Yahoo etc. obviously change them every few months (years in some cases)...

Of course they do...and they must notify users of those changes, and users must agree to them or stop using the service. You seem to be playing the martyr here, suggesting you had no option to prevent this from happening, and that's manifestly untrue.

Incidentally, if you remove those images from your account, Yahoo must also cease their use of them. If they do not, I suspect you would have grounds for a lawsuit.

First thing maybe I just don't wanna do that and have better things to do than to consult IP lawyers. Some photographer friends actually asked me, but I never did, as I see no point in this... It's about the same what you wrote above when you wished me good luck with that ... ;-)

Secondly do you really read every terms and condition change and analyze it on what future implications it might have for you when you use a service like FB, Google or Yahoo and Flickr ... Of course I could remove my pictures, but that would make my account at flickr quite useless...

And regarding that martyr thing: I am not even really complaining like "Yahoo stole my pictures to make ads or sth." I am just telling you that case to show how non commercial becomes commercial (with me NOT being the one making the commercial usage here)
 
Upvote 0