December 9, 2006 at 6:36 pm
Found this on Ebay, I think its South American of some description, but Im not sure but equally curious. Bex
By: Consul - 10th December 2006 at 00:24
Absolutely – if you own a print (though not the copyright) it’s still your right to sell that print so long as you don’t imply (if not true) that the copyright comes with the print.
Regards
Tim
By: AndyG - 9th December 2006 at 23:13
Thanks Consul.
As this instance involves an individual offering for sale an original bae approved ‘copy’ of the potentially ‘copyright’ image, for which we must assume that the provenance of ownership of the copy image is good, does that not suggest that offering an original published image, of whichever origin, now in your legal possesion and furthermore, that you have not copied, therefore is yours and is fair dinkum to sell even on Ebay??
By: Consul - 9th December 2006 at 22:17
Prints or copy slides may have been gifted or sold onto the market by the originator of the image who still retains the copyright unless they decide to assign (or sell) the copyright to someone else. Indeed the copyright isn’t always vested in the photographer – if they were taking photos as part of a commercial arrangement then it may sit with the sponsor. Manufacturers have supplied photos to individuals and the press ever since the inception of commercial aviation. Where publication is involved then the copyright owner can stipulate the conditions for reproduction (e.g. require credit be given , fee paid etc.) this too does NOT mean they’ve given over the copyright. If an illustration has been approved for specific publication by the copyright holder then the sale of copies of that publication won’t breach the copyright.
I’ve had hundreds of photos published and you have to take care to monitor their use. On one occasion a well known magazine published an article and illustrations I had provided. That publisher then used the material again in another publication (without my permission) – I challenged the publisher and received apologies and a further compensatory fee.
If the photo shown of the Peruvian Canberra was a manufacturer’s or a PerAF photo then it is highly doubtful that copyright will have been relinquished or sold. Unless the seller holds copyright or it is time-expired then there is need to be careful.
By: bexWH773 - 9th December 2006 at 20:41
thanks Tom. Bex
By: Atlantic1 - 9th December 2006 at 20:36
I believe those are Peruvian Air Force markings.
Tom.
By: bexWH773 - 9th December 2006 at 19:49
Andy, Im not sure, but i reckon theres got to be someone onthe forum who works for a magazine or publication of some sort who could answer that? Bex
By: AndyG - 9th December 2006 at 19:46
Does anyone know if the BAE sticker presence means you can’t sell it?
Sounds a bit strange, how could you re-sell even a magazine in that case?
Surely only copying is not allowed if its copyright is owned by a third party, not selling a photo given to you in good faith?
By: bexWH773 - 9th December 2006 at 19:00
well it has to do with the photo Pen Pusher, and I quite agree with you, Id say its slightly dodgy on the copyright bit, but also a valid point especially with the amount of websites with photos on that “borrow” someone else photos. So lets add this to my thread too, peoples views on borrowed photos especially as I had a dutch chaps pic of WH773 added to my museums website and I tracked him down to ask him for permission (which he gave) Bex
By: Pen Pusher - 9th December 2006 at 18:50
Slightly off topic but if there is a BAe sticker on the back then surely BAe own the copyright of the photograph and it is not theirs to sell on e-bay?.
Brian