copyright question for gallery images

[angora618]

Let's say I wanted to upload an image from this page

http://www.neimanmarcus.com/store/catal ... at23270731" onclick="window.open(this.href);return false;
(repost)

in the Fashion album in Melody's Gallery. At the very bottom of the page there is a generic copyright: © 2009, Neiman Marcus.

Does the copyright apply to each image? Does NM really mind if their images are uploaded? It is OK to upload these images to our Gallery, deleting them only if NM contacts us with a copyright claim?

Angora618

[CrazyFox]

I hope a copyright attorney is a member 'cause I think that is the only person to really answer this with any authority. My two cents (uneducated at best): as long as you are not making a profit off of the pictures and you are not claiming the pictures as your own original work, then I think all should be ok. Ideally, you should perhaps give credit to NM (not sure the best way to achieve this in a gallery -- much easier to do in a post). Although I am almost certainly mis-using legalese here, I would argue that such posting is fair use of the image.

Now, regardless of what the law says and how it should be, I think the reality of the situation is key here -- if you, Neiman Marcus, my mom, your dad, the pope, anyone really, posts a picture on-line, it is going to be used for other purposes. Period. I don't care what kind of protection you put on that picture (disabling right click, copyright notices, watermarks, etc), someone is gonna find a way around it and use it for their own purposes. Honestly, I see no way that the law, if it prohibits such use, can really stop it.

One last point -- lets assume it does violate NM's copyright. Assuming you somehow give credit to NM, why would they enforce the copyright? You are actually giving them free advertising!

Anyway, my uneducated two cents. Given that this is my second post on this board (and my own admission that this is an uneducated opinion), feel free to ignore....

[Walter]

CrazyFox just about covered everything here, not much to add.

In my experience, the only thing that is certain to cause problems is posting pics lifted from paysites.

But have no fear, post what you like within topic, taste and all and Melody takes responsibility. If a problem arises with a copyright-holder, I'll remove the picture quietly....but let's cross that bridge when we get there.

[White Fox]

Just one more quick comment. We do try to avoid individual photos that have any sort of copyright symbol or water stain on them. We do think that is important. Magazine photos are allowed if they are not brand new. Give them at least 60 days before posting them. etc.

As Walter says, certain R rated sites like playboy are extremely particular about their photos. We should never for instance post a new playboy photo here. And most X rated pay sites are particular as well.

Just a couple of thoughts. I sure wish that I knew the answer! It is - as mentioned - not a simple one.

W

[OFF or Old Fur F##t]

We have had no problem with pictures from Nieman Marcus or other such 'stores' or sites in The Fur Gallery. Even current ones. Generally they are eager to sell whereas Palyboy et al are in a preservation mentality.

Other copyright sites where their materials are gleaned from the internet at large are no problem either. A certain level of caution should be exercised however. This is particularly true of semi-porn sites.

News Sites with water marks are certainly off limits.

OFF