Copyright ©: Risks of the steemians to use Internet images and Photographs to your post (Part I)

in copyright •  7 years ago  (edited)
Hello appreciated steemians, thank you for visiting my blog, which I write in Spanish and the translation into English of some articles that I consider of common interest for the strengthening of this social network of production, recreation and dissemination of knowledge. Given the extent of the subject matter, content is presented in two parts, of which this is the first. Hoping to be the pedagogical as possible to contribute significantly to the Spanish speaking community, I invite you to take advantage of the information.

Historical synthesis of the copyright

In recent years, advances in technology have revolutionized the market over works of different genres, such as photographs, images, videos, multimedia resources and other elements of creation worthy of intellectual property; this globalized world has its rules of the game and its social and legal superstructure has been concerned to recognize and enforce intellectual property rights. It must be said that this is not new, non-historiographies approach, but makes a shallow approach to the origin of copyright, we find some background, for example, the emergence in the Roman law of civil order aimed at treatment and resolution of disputes within the context of literary works, paintings, sculptures involving certain economic rights, including the rights of wealth.

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[Image credits: pixabay]

While since the end of the circulation of the manuscripts with the emergence of the printing press, begins to emerge the image as a representation of the identity of the work, providing representation of original creation. "On the other hand, given the conditions of monarchical regimes, the privilege as grace of the King, would establish a monopoly because it met with the characteristics of the right of ownership. Privileges emerge to protect not to the authors and printers, and are granted for a limited period of time. Already entered the 18th century goes professional literary activity and begins to set up the self-representation of the authors within the current of thought of the genius of the work as negotiable, based on a free activity with economic benefits. At this point is being introduced the shaping of the modern structure to the author, who comes from the activity and literary market. This gradual evolutionary process emerges two phenomenal elements:

  1. The creation of an author that part of an individualistic philosophy in search of respect Awards,
  2. The development of technologies for the transmission and reproduction of the work. Subsequently, would be many arguments and fights who hosted mainly legal, political, aesthetic, and economic affairs.

It is as well as in France, the birthplace of the copyright legislation, is given a huge advance on the subject, when in broad daylight of the French Revolution (1793) has issued a law that granted to the author of a work, exclusive rights over it by the end of his life and 10 years more with results from his death.

At the beginning of the 20th century, with the boom of the revolution of new techniques of communication and information and for the improvement of the communications satellite launch; in particular, through the rapid use of technological tools of social networks, exploitation or exploitation of works protected by copyright are adapting to laws which originally constituted to literary authors. So, is the imminent acceleration of new legal instruments compatible with the new technology Blockchain for continuing achievements legal morales of the authors.

Understanding the term copyright ©

Made the anterior approach, now if we are in a position to understand what is the copyright and why I should keep that in mind to be a user and editor of articles in the publication of the contents steemit platform. Seen superficially the evolutionary progress of copyright, it is very useful to keep in mind that we are living the fifth paradigm of computing; namely, it undertook with the central computer, then it summed up and spread the personal computer, then saw and distinguished the internet on par with mobile technology and social networks. In response to these changes, the World Intellectual Property Organization says:

A widespread misconception is that works published on the Internet, including social networking platforms, are public domain, and can therefore be freely used by anyone without the authorization of the holder of the right. All works protected by copyright or neighboring rights, whether a musical composition, a product multimedia, a newspaper article or an audiovisual production, whose term of protection follow existing, is protected, irrespective of that posted in the paper or on the Internet.

Therefore, as we know, steemit is a platform that operates under the chains of blocks (blockchain) protocol that allows users to create and publish content with free access, any Internet user can check and review these materials. There that should be structured standards basic and political publication, since in a few years will be a considerable Bank of materials and contained product of creation and recreation of knowledge.


[Image credits: pixabay]

It means that you must have basic and political rules in the aspects of content and form for publication articles; However, there is a policy regarding this, empty even though I recognize good lid contributions from some users who have suggested forms of location of the source site from which was extracted or borrowed materials or resources for use and reproduction in the post. It is convenient to say that only is hipervincula the word source Web site (home page) where more was taken (often without knowing if it is subject to copyright or has certain limitations of use), is granted any credit or appreciation to the author, few times mention is made of the image bank.

If you reached this point dislike you reading, you understand. I made several errors by rookie and not devote myself to look up information first. I am not ashamed to admit. However, from the very beginning I assumed that things you should do as I explain them, then, in have considerable experience in the production of scientific papers and other scholarly articles where their writing is governed by the rules of the Association of psychology American, I repeated several times: this should not be the exception. Place the hyperlink of the word source is not appropriate if we are talking about referencing. Well, if you still want to learn more, join me in understanding what is the blessed copyright.

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[Image credits: pixabay]


What is the copyright?

In fact generator principle grants all rights of intellectual property and authorship the creator of a literary, artistic or scientific work by the mere fact of its creation; specifying a time that, to generate such rights are not required any entry in any register or systematic office, since the right of authorship was born with the creation of the work itself. In view of the above, the intellectual property comes to be the set of personal and patrimonial rights that give faculty for the full provision to the author and exclusive right to the exploitation of the work, without more limitations than those arising by law. While the copyright is the right of the author to present their works in public, prepare derivative works, distribute copies of the same work, rent it and license it, these rights is specifically called copyright. Here that the copyright is the use of the economic powers enjoyed by the author by nature and creation of a work.

The rule establishes that the © symbol should be placed the name of the exclusive holder of a right of exploitation on a work or production protected by the intellectual property law, the legislator being clear when he expresses that it shall also indicate precisely the year of disclosure of the aforementioned production, followed by the name, the symbol © this is enough to presume that he is the holder of the rights in the work. Intellectual property law. The Copyright system has the following 3 items:

  • Copyright © symbol
  • The year (or years) of publication.
  • Name of the holder of the Copyright.

Example:

Copyright © 2018 @ulisesfl17


Extinction of the Copyright ©

Now, when copyright was extinguished. While it is true that rights arise from the creative nature of the work, this has expired, so the term of protection can vary according to each country's laws, however, is almost standardized the time period; the rights of exploitation of the work (images and others) will be maintained throughout the life of the author and 70 years after his death or declaration of death; While in the case of photographs, the term is reduced to 25 years from the following year of its realization. Being conducive to point out that copyright infringements may trigger civil and criminal consequences depending on the seriousness of the alleged acts and instances that are willing to exhaust the parties involved. Given these restrictions is Copyleft. Let's see what this is.

Copyleft

With the avalanche of the digital age, it has been controversially clear that the restrictive copyright on all the uncontrolled distribution possibilities is in decline and significantly affect the dissemination and creation of works with high profitability creative value. Let's say that for these reasons has been established a new system of licensing the creation of products covered by Copyright restrictions. Because of this, copyleft is the counterpart of copyright because it is more open and flexible. It consists of a type of license where the author partially sides certain rights; provided that copies or modifications to the work keep certain conditions for use and dissemination. There are several organizations that have dealt with developing, licensing models can be adapted to different needs. The best known is Creative Commons

How to obtain license images?

  1. There are three types of licenses: Copyright: is the type of more restrictive license that exists, in it the author reserves all rights in the work, not be used, reproduced, distributed, sold or modified under any circumstances without your express authorization; Meanwhile, the most logical way is the management of rights directly with the author of the work.
  2. Creative Commons: paragons of free licenses that allow authors entered their works for free on the internet, where the author has the freedom to decide on the conditions of access to and protection of their works so that they are shared and reused, thus sharing their intellectual property. Under this type of leave, the author authorizes the use of his work, this is still being protected. It comes to be a kind of point between copyright licenses, and the of public domain. Below describes each of the six main licenses which can be used to license all the documentation of the development of a software product:

Recognition: Allows other distribute, mix, modify and build upon your work, even for commercial purposes, provided you credit for the original creation.
Attribution share alike: Lets others modify and build on his work, even for commercial reasons, provided you give credit and license their new creations under the identical terms.
Attribution - No derivatives: allows for redistribution, commercial and non-commercial, provided passes unchanged and in its entirety, with credit to the creator.
Attribution - non-commercial: this license allows others, modify and extend your work for non-commercial purposes. It is not necessary that the derivative works license is generated under the same conditions.
Attribution - Noncommercial Share alike: this license allows others, modify and expand his work for non-commercial purposes, provided that credit is given and be license their new creations under the identical terms.
Attribution - non-commercial - derivative: this license is the most restrictive of the six main licenses, allowing redistribution. This license is often called the free advertising license because it allows others to download your works and share them with other people whenever you mention and link back to you, but you cannot modify them in any way or use them commercially. Creative Commons

In the public domain: are those whose copyright have expired or are resigned to them.

Warning:

Keep in mind that you have acquired a license does not give you rights to you redistribute or sell the image. To do so, you require an extended license, which you get to meet certain requirements.


Ignorance of the law does not exempt you liability

Means that those who incurred due to ignorance or involuntarily in violation of copyright, provided be capacity It is obliged to answer for their acts. However, the law establishes two exceptions in which a person can make use of a work without the author's consent.

  1. Teaching: In the case of works which are beyond whatsoever, provided that they have not been disclosed and inclusion is carried out by way of appointment for your analysis or comment. You can use the purposes of teaching or research, being respectful of pointing the source and the author's name to give credit appropriately.

  2. Parody: It does not require consent of the party author transform a work, in the case of a parody of a disclosed work, provided there is no risk of confusion with the same nor will infer a damage to the original work of the author.

Compliance with some conditions


Some cases of infringement by lack of knowledge

  1. As we have seen, in the parodies contained the freedom of expression, and with it the use and disposition of works. For example, if draw Miky Mouse whose character is still under the Copyright, for reasons that I will now not to be treated, but can check take care that your production does not exceed 60% of the original work, but you'd be wandering around the margins of infringement. Although beyond copyright prevails the freedom of expression, it is better not to tempt fate. Different is that you use a classic, because it has already extinguished the protection.
  2. In the event that you use a child as a model of a work, which we see in bulk in any number of gif. Cartoons, photographs, images and videos, always required written permission by the parents or legal representatives.
  3. If you want to take model a remarkable character who is dead, take care to have 70 or more years of deceased because the same regulation establishes it. I mean some artistic, sporting, political, figure in the end...
  4. If it's species at risk of extinction or under any special protection status, you must manage permissions of the establishment or the owner to exploit the image.
  5. If you are going to make caricatures of any athlete, artist or other personality accompanied by fame, investigates the rights of his image and name granted to companies or brands in particular. Most have juicy contracts with well-known companies of advertising.
  6. If you want to use a photograph as landscape or architectural illustration for your post, because they travel and enjoy exotic and cozy places, you should keep in mind to make the capture in a general way and not focusing on a public structure, or property in particular, for example, some skyscrapers, the facade of recognized sites or others.

Then I can not use images from the internet for my post

Yes, you can use images downloaded from the internet, just follow some recommendations to keep you away from potential legal issues. Many banks of images that sell goods at relatively low prices, others that offer free domain images have appeared. In general the most banks of images are governed by the laws of the United States. I present some:

  1. CC Search search engine of free images for commercial use, taken from 13 different sites.

  2. Wikimedia Commons is a remarkable Bank of images in the public domain.

  3. MorgueFile download images free, requires attribution (mentioning the author) and a courtesy link... It is the least a writer who gives collaboration can do...

  4. pixabay do not you could fail to recommend it, I used it for this post. It is a vibrant creative community, sharing images and videos copyright-free. All content is published under Creative Commons CC0, which makes them safe to use without asking permission or giving compensation to the artist - even for commercial purposes.


How to give credit or attribution for use of images

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The picture that illustrates this post has been
modified by @ulisesfl17. [Image credits: pixabay]

The picture that I took to thank you for the visit and reading, shows one of the ways in which attribution is given to the Bank of images, even though it is in the public domain. In any case, it is an aspect of respect and gratitude, it should not be seen as an our obligation towards the author or managers of the images that we support to make durable, although legislation sets certain basic elements as the author to mention to give credit and link the image to the site where it was taken. If any author data in the database, reference it and also thank to the database.

In this post you can see what you mean. Thank not so hard... When they are paying us a free service for our personal growth, professional and economic, because although made a post with valuable quality and do not receive significant rewards that other items received, we are aware that our fans deserve the best for the valuable support they give us, that's a great reward, recognition is... Earring with part II of this article.



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