Welcome to TheOhioOutdoors
Wanting to join the rest of our members? Login or sign up today!
Login / Join

Hey! That's our picture!

buckstar25

Junior Member
691
81
T-county
Went somethin like that when I saw the picture in the magazine. Lower left labeled "Tom1". Pretty wild seeing it in a magazine considering I have no idea where they got it. It is a buck my buddy just called the brown racked buck. Never saw him again and got 6 great pics of him.

uploadfromtaptalk1404443823293.jpg
 

buckstar25

Junior Member
691
81
T-county
If it's posted online, it's fair game, lol. Nice pic.
I figure they got it of the net, my buddy contacted the publishing company. Talked to the publisher and even got a call back and explanation of how the picture made it to the magazine.
 

Jackalope

Dignitary Member
Staff member
38,841
260
If it's posted online, it's fair game, lol. Nice pic.

Not true. Images online are still copyrighted by their creators. They don't have to say they're copyrighted and you don't have to do anything to copyright them. They are copyright protected as soon as you create them. The only exception to this is "fair use". For an item to be used under "fair use" laws there are few exceptions.

Section 107 of the copyright law explains fair use.

the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

The biggest distinction judges use is "did you use it to make money" in the case of for profit magazines the answer would be yes.

Bottom line. They violated your copyright. You should be compensated. The purpose for which they took your image and used it is not covered under fair use and is a copyright violation. Tom1 is due compensation.

That is unless your buddy have his copyright permission to someone else by posting it on their site.

If he posted it on the magazines website for a contest odds are they had a clause such as this.

""While TheOhioOutdoors is not responsible for posts' content, authenticity or accuracy, libel, defimation, they retain copyright privileges to all user generated content. ""

This is so we can make things like harvest videos, posts on Facebook, etc and not be sued by a member for using their photo. Or so that if a person quits the site they can't demand that we delete thousands of posts of content.

If he posted it to their facebook or site etc they likely assumed copyright permission for use.
 
Last edited:
Interesting! I met a writer/photographer on my bear hunt in Saskatchewan and he commented about making more of a living off of his pictures than writings. Buckstar.....you're gonna be rich!! LOL well maybe not but at least maybe something will come from it. Find it silly they couldn't just run a trail camera themselves and use their own though!!
 

buckstar25

Junior Member
691
81
T-county
I am short on time but we did get some compensation from them and it is suppose to be in the mail. We joked about it at least being worth a T-shirt! The I-35 info strip does not have the green Moultrie logo, that was added (probably for advertising) . I can't say anything about how grand view handled this other than better than expected, my buddy actually talked to the publisher and got a return phone call from him.
 

buckstar25

Junior Member
691
81
T-county
Jack, the only place I would have posted the pics would have been here or OS.

The publisher explained that usually the writer submits photos with the story so he would have to ask the author of the article. The folks at Moultrie told the publisher that that was one of the best (quality) pictures and they knew of the picture. In the end Moultrie sent out 4 brand new cams, Bowhunting World magazine sent out a nice little "payment" as well.
 

bowhunter1023

Owner/Operator
Staff member
48,879
274
Appalachia
I had someone attempting to pass off deer from our farm as their own on another website a couple years ago. I was not happy. Once its on the net, all bets are off it seems.
 

Jackalope

Dignitary Member
Staff member
38,841
260
Jack, the only place I would have posted the pics would have been here or OS.

The publisher explained that usually the writer submits photos with the story so he would have to ask the author of the article. The folks at Moultrie told the publisher that that was one of the best (quality) pictures and they knew of the picture. In the end Moultrie sent out 4 brand new cams, Bowhunting World magazine sent out a nice little "payment" as well.

Can't speak for the other site but the only fair use statement we have is for our use. We would never use members posted pictures for anything besides our use for YouTube videos, facebook posts etc. However we do state that we copyright any content posted here. So if he got it from TOO he violated our content copyright as well as your original copyright. I'm not too concerned about as it's your pic and as long as you're compensated I don't feel the need to step in. Now if you were getting screwed Id definitely have words with them to try and get you compensated.

Yet another reason why yesterday I disabled the permission for unregistered guests to view attached images. I noticed a trend in content spiders crawling our images yesterday and blocked guests from viewing them without being signed in. Just another step in protecting your and our content.
 
Last edited:

buckstar25

Junior Member
691
81
T-county
2 Tru ball fang 3 releases
4 moultrie cams
2 Xl bhw t shirts
2 Xl moultrie t shirts
1 doz uncut fmj
1 apex covert sight
10 copies of the magazine with the picture.

That's the bundle that is being sent out.
 

Bigslam51

Dignitary Member
Supporting Member
25,778
127
Stark County
2 Tru ball fang 3 releases
4 moultrie cams
2 Xl bhw t shirts
2 Xl moultrie t shirts
1 doz uncut fmj
1 apex covert sight
10 copies of the magazine with the picture.

That's the bundle that is being sent out.

Son of a bitch, I'm going to start posting my pics online LOL.
 

finelyshedded

You know what!!!
Supporting Member
31,856
260
SW Ohio
If that video of that old fuggar getting paint bombed ever makes it to this point he might receive enough paint to redo his entire house but I don't know if he'll get any roller brushes or drop cloths...