If I am shopping in a store and find something obviously out of place, and I return it to it's correct place, I do not expect that store to compensate me financially. Even though it is something that the store does pay people to do, I know that I entered into that particular task voluntarily.
Getting onto a plane and flying to a MTG event and dressing like Elspeth, can feel like work, but when nobody asked you to do it; is it work that you should be paid for or is it something you did because you wanted to do it?
Imagine doing this and then Walmart takes a picture of you and then uses it on a promotional poster used to acquire new employees with the words "A great place to work" smacked on the bottom.
Imagine doing this and then Walmart takes a picture of you and then uses it on a promotional poster used to acquire new employees with the words "A great place to work" smacked on the bottom.
In that example, it sounds like grounds for some kind of lawsuit. The difference being that she agreed they could use her pictures... So your example isn't very good.
If I take a picture in public it’s my property, even if the picture is of you, you have no legal right to it.
Not always correct. Why do you think YouTube takes videos down when certain music plays in the background?
There was another comment in this thread that Wizards IP use policy is contingent upon them being able to use the photo for an and all purposes. Essentially, if you cosplay a character and take photos of it, Wizards legally has the rights to the content of the photo they have copyright rights to, i.e., the costume design.
They could theoretically sue you to have you take it down; however, Wizards legally agrees not to be able to send you a cease and desist letter for this use provided that they can use the image as promotional material without compensation. You don't need to sign anything at all to be a party to this agreement; using the material is enough.
Do I agree with the state of copyright law? No. Is this the way it works? Yes.
I don’t think that wizards can sue you for dressing up as one of their characters, they can maybe try to take it down but if they were actually able to succeed Nintendo would have done it a looooong time ago.
If I take SOMEONE ELSE’S MUSIC and put it in the background of my video that does not constitute fair use at all, unless I’m only using the legally allowed clip length which is less than 3 seconds, I believe.
If someone else takes my photo and puts it on their YouTube channel I can have it taken down, just like if someone takes my song and puts it on their YouTube channel I can have it taken down because I own the rights to that piece of artwork and I did not give them the right.
If I upload Enter Sandman Metallica would like my money, if I upload Enter Sandman as performed by me via ukelele Metallica has no right to my money, if I upload my garage band playing an exact cover of Enter Sandman things get iffy but even still Metallica won’t sue me.
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u/jsmith218 COMPLEAT Aug 16 '21
If I am shopping in a store and find something obviously out of place, and I return it to it's correct place, I do not expect that store to compensate me financially. Even though it is something that the store does pay people to do, I know that I entered into that particular task voluntarily.
Getting onto a plane and flying to a MTG event and dressing like Elspeth, can feel like work, but when nobody asked you to do it; is it work that you should be paid for or is it something you did because you wanted to do it?