Technically the forum rules state that the image is now "public domain":
"General Items:"
"* Posting on BYC makes the comment, images, ideas "public domain". If you decide to leave the forum BYC will not be required to remove your posts."
and if he asked anyone running BackYardChickens if he could use it, then he can:
"You also agree that posting material to our forum and website implicitly grants BackYardChickens a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use and change said material for the purposes of running BackYardChickens."
It would be nice if he had asked, if he indeed knew how to contact you. Someone might have copied it and sent it out in an e-mail because they thought it was cute and so did he so he used it, having no way to know it's source and figuring it was already public domain. Darn it, the internet sure can complicate things, as I see your points and find them rather agreeable wildsky.
But, after being contacted and being asked to quit using the picture and then using them anyway.
Thats not right.
Its just like if they took a picture of one of your adult birds that you had posted, and then used it to sell their eggs. Its disgusting!
what a creep!..i cant believe he keeps posting AFTER you told him it was your pic and to remove it.....make a craigslist ad....tell people the pics of the chick AND the coops arent his....heehe..that'll shut him up...
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Sorry. Completely wrong. The copyright on any image automatically belongs to the creator. Putting on the web does not make it free or fair game.
THANK YOU. The "default" position on photographs puts the copyright with the PHOTOGRAPHER. I don't really understand how people got the idea that it was otherwise, but it totally baffles me.
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well..it would bother me...let him take his own pics for a product HE is making money on selling...using HER picture!...its just not right....unless you ask the owners permission...IMHO....
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He can sell his coops all he wants! He just can't use someone elses cute pics... it's not that hard to take a photo. Maybe he's got lazy-bone syndrome? Easier to steal a pic than go to a little effort!
I don't know how many times I've told my kids that if they don't want their picture used in any way then don't put it on the internet. It doesn't matter if it is used properly or not. If you put a picture on the net then you might as well be handing it out to strangers. Once it's on the net any creep can look at it and have his wild fantasies. The picture never would have been used if it wasn't posted.
The add should not have been flagged. The guy found a picture that is considered public domain and used it. Now he has to worry that some anonymous crazy person is contacting him. I don't say that to say you are crazy so don't take it that way. It's no different than a kid needing a picture for a school project and using it.
Also how many cute little pics have you used from the net for any sort of reason? Have you asked every single person who posted them if you could.
I also think that if the guy has any brains at all he'd take the picture down since someone is flagging and contacting him.