Copyright violation?

[AnonymousKiwi1]

I've just discovered this site is using a bunch of my images from my Panoramio account with out my permission. They've put the shots on to their site by linking back to Pano. I happen to know, through Panoramio, a couple of the other guys whose shots they 'stolen'. No permission has been given to the mappery crowd to use our images.
Does this constitute a copyright violation? They're linking to our original sites, giving credit and warning others of the copyright. It doesn't seem quite kosher to me.

[thatBilly]

I personally don't seem what the problem is because they're (1) thumbnails and 2() attributed properly.

Have you read the Panoramio TOS?

By using Panoramio, you do not receive any, and Google and/or its licensors (if any) retain all ownership rights in the photographic imagery.

Anyway, more to the point. The images that you have uploaded are accessible to all for commercial and non-commercial purposes through the Panoramio API. That basically means anyone is allowed to display and link to the images on their site as long as they conform to the method Panoramio dictates for linking.

If you read this section, it states the requirements to link to original author etc.

[gturner]

Short answer - yes.
Long answer - maybe not, as this is a research/ news website and may use the "fair dealing" defense.
The link bank and credit is worth noting.
Here is you homework
Copyright Protection in New Zealand | Copyright | Intellectual Property Policy

[AnonymousKiwi1]

Originally Posted by dehaani

I personally don't seem what the problem is because they're (1) thumbnails and 2() attributed properly.

Have you read the Panoramio TOS?

By using Panoramio, you do not receive any, and Google and/or its licensors (if any) retain all ownership rights in the photographic imagery.

Anyway, more to the point. The images that you have uploaded are accessible to all for commercial and non-commercial purposes through the Panoramio API. That basically means anyone is allowed to display and link to the images on their site as long as they conform to the method Panoramio dictates for linking.

If you read this section, it states the requirements to link to original author etc.

Thanks for the link. I looked in the Ts&Cs, and it says no copying, but I couldn't find anything about links. And due to my current dial-up situation I did not have the patience to search further. Lazy, I know.

[thatBilly]

When it comes to displaying thumbnails then linking to the original site Google does this for commercial purposes and has been challenged a few times.

Here's a page summarising the US legal dispute: Perfect 10 v. Google | Electronic Frontier Foundation
As you can see, it's a big old mess but it seems to be okay to display thumbnails linked to the original site in general.

A very similar case was raised against Google in Germany and Google won.

There are many more similar cases from various countries, I can't recall any from New Zealand but the fact remains that the images were not taken from your own site; you uploaded them to a site which expressly allows them to be used in this way.

[AnonymousKiwi1]

Originally Posted by gturner

Short answer - yes.
Long answer - maybe not, as this is a research/ news website and may use the "fair dealing" defense.
The link bank and credit is worth noting.
Here is you homework
Copyright Protection in New Zealand | Copyright | Intellectual Property Policy

Homework!? Nooo......

Looks like it's all good. I was just surprised to find my images somewhere else. They arent' even very good photos. I'm sure they could have found better shots to show case our city.

[thatBilly]

Originally Posted by AnonymousKiwi1

Thanks for the link. I looked in the Ts&Cs, and it says no copying, but I couldn't find anything about links. And due to my current dial-up situation I did not have the patience to search further. Lazy, I know.

As my first post stated, these images have been used (almost) in compliance with Panoramio's terms of service. The one thing missing is a Panoramio logo.

The stipulation is that 3rd parties use the Panoramio Widget API to (link to) display thumbnails on their own sites. From the looks of the "proper" linking options, your name wouldn't appear under any thumbnails instead it would appear on mouseover.

[dhaemion]

Legally I believe everyone is correct, they are safe. There are two main ways of looking at this:

1. You can use it to add to your resume/ portfolio/ website and say "My photos have been featured on ____"
2. If you don't like them using your photos I'm sure if you email the site and tell them they will take them down.