Legal Question

[ezdays]

My belief is that when someone posts a picture on the internet they are essentially sharing it with the internet unless otherwise stated. Anyone can download the picture and use it for personal or reference use. However nobody can edit it and/or take ownership of it without permission.

For example; when I post a picture to Photobucket anybody can download it to their computer, or link to it for reference. However Nobody can re-upload my picture and claim it is theirs, they also cannot edit it and claim it is theirs.

Most photo-sharing sites have limits on how much bandwidth you can use, so if you embed an image you using up a persons bandwidth limit, and if they use up their bandwidth limit their pictures will then become unavailable for a certain period of time.

I still maintain that everyone retains their copyright protection regardless of where they post. It is not automatically free to use, but the other way around. Here is an except from the Photobuckets terms of use:

Your Content

You retain all your rights to any Content you submit, post or display on or while using Photobucket. This means that YOU own ALL the Content you post, but keep the following in mind:

If you don't want to share your Content with the world, you can mark it "private." If you do so, Photobucket removes the Content from search results on the Site and other Users (except those you invited) won't find it as a result of using the search feature of the Site. Also, we won't distribute it outside the Site.
Be aware, however, just because something is marked "private", we can't guarantee that only the people you invite will see it. Even if you mark something "private", users may be able to find the direct URL for an image through other search mechanisms, then share or link to it outside the Site.
Remember: if you share it from the Site, it's no longer private, even if you marked it "private."
If you remove your Content from the Site or mark as "private" something that previously had been public, Photobucket won't use it outside of the Site anymore and will hide it from search results on the Site, but we might still have it stored in backup files or on servers, and we are not responsible for sites on which it was shared before it was marked "private." Also, we will retain it if needed for any legal reason.
If you make your Content public, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, distribute, publicly perform (e.g., stream it), publicly display (e.g., post it elsewhere), reproduce and create derivative works from it (meaning things based on it), anywhere, whether in print or any kind of electronic version that exists now or later developed, for any purpose, including a commercial purpose.
You are also giving other Users the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site or third party websites or applications (for example, via services allowing Users to order prints of Content or t-shirts and similar items containing Content, and via social media websites).
So when you post it, you are telling us and all other Users that the Content really, truly is yours - no one else's - and that the posting and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or human rights of somebody else. We're not responsible if it's not really yours or if you infringe on others' rights; you will be responsible if there are any costs for that.

So, basically it is true, if you post anything on Photobuckets and keep it public, you are allowing others to download or link to you content. You still retain the rights to it, you're just allowing others to use it, including Photobuckets. If it's marked "private", then there is some degree of protection. If I post those photos on my site or here, I automatically have that protection, but to keep away the ghouls and predators, it is a good idea to state that it is not public domain stuff. We would not think of using anyone else's photos here without their permission. For instance, if we use your photo in our eMag cover, we will ask you first. In the case of this issue where we are using a bunch of photos, I have a blanket request posted and so far no one has objected.