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Old 05-20-2008, 06:05 AM   #40 (permalink)
Jeff Donald
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Join Date: May 2008
Location: Dunedin, FL
Posts: 33
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Quote:
Originally Posted by xmicro_Redline View Post
Let's say you ask a group of people for photo's of their cars and their permission to use them in a book you are doing for charity. Someone sends you a photo's, as if they are theirs but it is really someone else's photo.
At that point, that is a fraudulent move on the part of the sender! And if the trail of the photo was trackable, the court would not hold the book maker (who got permisssion from the "owner") responsible.
This is incorrect. I'll quote from my post above. "Copyright liability can't be disclaimed. For example, copyright, trademark and patent infringement are considered "strict liability." This means that, as long as you've done it, it doesn't matter whether you thought you weren't infringing, were indemnified against infringement by someone else, or contracted to have another party become liable, rather than you, in the event of infringement. In other words, if someone says it's OK to use a photo, and that someone doesn't own the photo, you are still liable for the copyright violation."

The burden of proof falls on the publisher/owner of the project. That is one reason that major publishers will only use photos from known sources. They also own insurance to protect themselves as well.

Digital files contain what is called EXIF data which can contain owner/contact information, copyright dates, camera info even GPS data. Some companies offer additional protection, for a fee, that makes images traceable on the web. It's not as difficult to trace images as you may think.
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