Date: 2008-11-12 12:49 Terence Dunn:
I decieded to put my money where my mouth was and contacted a lawyer I have used
for copyright issues in the past. Here is his reply. As this is also pertinant
to another post "http://www.jurgita.com/forum/topic-3408 " I hope that I can be
forgiven for posting it in that one as well.
At your request I have looked at the posting by Mr Usman Ahmad
http://www.jurgita.com/forum/topic-3404. I have also looked at some of the other
forums and threads and here is my opinion in respect to possible copyright
infringement.
The Website www.jurgita.com is a place where professionals of the modeling
industry gather to exchange information, discuss ideas, opinions and to share
information in a way that will further the interests of it’s members. In short
to be a place of learning.
When the copyright holder or his representative posts a picture to a forum
asking for comments or feedback, the copyright holder is giving tacit permission
for the image to be used by posters of said forum for the purpose of explaining
the point you are trying to make. The image may not be posted outside of the
forum that it was originally posted in, and still remains the property of the
copyright holder. The use of the image fall under the provision of “Fair
Use” for the purpose of criticism, comment, news reporting, teaching,
scholarship, and research in copyright law, and this form of free use is
recognized internationally. What you have done in this case is to express your
opinion and to illustrate using Mr. Ahmad’s photograph what you are saying
While cases have been brought against people for illegal use of copyrighted
material for doing as you did with Mr. Ahmad’s photograph, not one to my
knowledge has been successfully prosecuted worldwide. As this site is a place of
learning, if the copyright holder of an image does not want to have the image
modified for educational purpose, they must state in their post that the image
my not be copied or modified.
If you find yourself censured by the administration of www.jurgita.com as Ms.
Robertson has suggested, contact me immediately. Censure in this case would mean
that the administration is accusing you of the improper use of copyrighted
materials, which would be damaging to both your professional and personal
reputation, and as such is defamation of character for which you would be
entitled to compensation. Cases of this type have been successfully prosecuted
worldwide with the damages awarded being enough force the website and it’s
owners into insolventsey.
Feel free to contact me if you have further questions.
Yup What you said on this topic is fair comment. Checked up on that too.
Support you on this. Your touch up pictures works well...hope Usman will benefit
from your kind attention on this matter and help rendered to him  | 
Jurgita forum 
Avikal 
