Who ownes the copyright? question.

[Pat Appleson Studios, Inc]

Hi,
I'm new here. I've read the "terms of service" and it's very slanted for Google. That's ok by me. But, here is my question.
I own the copyright on a photo that I created, it's protected by the Bern Convention and I believe DMCA. Now, I upload the photo in Panoramio.
I would like to believe that I still own the copyright and complete control of my creative work of art. I agree, that by puting my photo on this web site, I give google a non-exclusive license to use/publish the photo on the web. But do I still control the photo? Again, a couple of lines in the terms of license make me hesiate before I get involved with an 800 pound Gorilla.
Don't get me wrong, I'd like to have my © and name displayed under the photo, on the if/come that someone would like to either purchase the photo or contact me, for work for hire. Or is this just another face book type site for wanna bees?

Best Regards
Pat
www.appelson.com

[FSup]

Hi and welcome on board

Please take the time top read the Panoramio-Help. Here you will find an answer

At Panoramio you can choose if you will publish you photos with your full copyright or under the terms of the CCL.

[LuciaM]

Are you referring to the line that says 'By using Panoramio, you do not receive any, and Google and/or its licensors (if any) retain all ownership rights in the photographic imagery.' Did you read the global Terms of Services as well, located here? It has a more explicit description of the copyright terms. (Sections 9 & 11)

[Pat Appleson Studios, Inc]

Thanks, I'll read the stuff you suggest.

And I'll report back.

Best Regards
Pat

[Pat Appleson Studios, Inc]

Hi, I'm back.

Okay, #9&11: 11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

11.2 You agree that this licence includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

These are somewhat conflicting. As soon as anyone mentions "Syndicated" services, my antenna goes up. I agree that in 11.1 that I hold ALL rights. That's why you always see "All Rights Reserved" At that point in time I mantain, I also hold everything else including Syndication rights. PP11.2 wants to add their own version of syndication rights with no monetary compensation to me.

As for the CCL. I read that top to bottom a couple of times last week and cannot for the life of me figure out why I would ever need such touchy feely mumbo jumbo. The Bern Convention, the US copyright laws, as amended and the DMCA, all protect me.

So, back to the original question, it looks like I won't be putting any of my photographs on Google, just for the thrill of seeing my name in print on GoogleEarth. But I am going to sign up with Blackstar, The Asociated Press and sportswire.com.

Thanks for your help.
Best Regards
Pat
www.appleson.com

[Deep.blue]

im new here,all this copyright stuff and jargon used is mind blowing for a dimwit like me!!
the main thing i would like to know is,can i use my own photos on a gite website of mine,purley in the photo gallery to show clients the area,or do i lose all rights to them.if this is the case,i will simply close my account here and be done with it.i only wanted a share a few damn photos,dont want a fight over my piccys with a multinational!!!

[hvbemmel]

the copyright of the photo stays with you. this is stated in the right bottom corner under Photo details. What you do with your photo is totally up to you. If someone uses your photo (without your permission) other as in a direct link to panoramio and with your name mentioned you can demand that the photo is removed or take legal steps.

When you look in GE or Google maps you will always be mentioned as owner of the photo. So legally there will never be a question who has the copyright of the photo.

[Deep.blue]

thanks hvbemmel..........i appreciate a straight answer to a straight question.if this was utube,you would get a friend invite!!

[Hans Sterkendries]

Quote Pat Appleson Studios, Inc:

it looks like I won't be putting any of my photographs on Google, just for the thrill of seeing my name in print on GoogleEarth.

Pat, one small remark: this is Panoramio. Some of these pictures make it to Google Earth, others don't. This website is not about seeing your name in print but about sharing pictures, about interacting with other people who enjoy taking and looking at pictures, about learning something from other people and other people's pictures...

Quote Pat Appleson Studios, Inc:

But I am going to sign up with Blackstar, The Asociated Press and sportswire.com.

These are all commercial website. If you were planning on (ab)using Panoramio or Google Earth for commercial purposes, you were here with the wrong intentions to start with.

Quote hvbemmel:

If someone uses your photo (without your permission) other as in a direct link to panoramio and with your name mentioned you can demand that the photo is removed or take legal steps.

hvbemmel & dunsavin08:

Basically, Google has the right to integrate some of your pictures in applications such as Google Earth and Google Maps, and it has the right to allow other websites to display your pictures using the Panoramio API. In all these situations your name will be mentioned.

However, if someone uses your pictures without mentioning your name, you can take legal actions as well.

It will be harder to track them and to proof these picture are actually yours but unless you state otherwise, the copyright stays with you. Period.

They cannot be altered, they cannot be downloaded and posted on other websites, they cannot be used in books and magazines, they cannot be sold by anyone else than you yourself...