Posting Content from Other Sites/Sources

[JulieS]

Here is some information about posting/copying text and images from other sites and printed sources...

 

1: It is okay to post images from the TV show e.g. screencaps.  We are an official site and therefore we have permission to use these images.  Also posting images from the TV show comes under Fair Use.

 

2: Copying and Pasting text from articles or websites is okay as long as you link back to the original source article/website and acknowledge the original author (if known).  If you are doing this, please remove all formatting as the formatting was intended for the website it was first published on and may not work on the forums.  The format code could also have some copyright on it.

 

Posting images from other sites is very difficult as there is some confusion to what is copyrighted and what is not.  Most people think that if you see it on the web that it is free to use.  This however, is not the case as explained in this article from Wikihow

 

Quote

Don't take anything from the Internet, or anywhere else, because it is almost always copyrighted, by default. "I found it on the Internet" is not a defense against copyright infringement; works on the Internet are as copyrightable as any other kind of work. Nor is "it didn't say it was copyrighted."

• In nearly all jurisdictions, including the United States, and all other Berne Convention signatories, it is not necessary for a work to have an explicit copyright notice for it to be copyrighted. It is also not necessary for copyright in a work to be registered; this simply makes it easier to be compensated in court. Without an explicit dedication to the public domain, assume that it is still under copyright.
• There is a quirk in the United States' implementation of the Berne Convention: works first published before 1978 without a copyright notice may be public domain in the United States. Works published under copyright notice are no longer covered by copyright after 75 years. They become public domain material. Works published by the US Government are public domain no matter when they were published.

 

If you are copying and pasting an article with images from another website, you have to remove the images as Bonanza Brand does not have permission to use (post) them.  Unless you are the copyright holder or have permission to use (post) them on other websites then they cannot be posted here.  Websites can track what sites are linking to their images (hot links).

 

While some text and images can be posted under "Fair Use" is usually fine, there will be some instances where it won't be depending on the copyright holder.  Again this is from Wikihow...

Quote

Don't rely on "fair use". Called "fair dealing" in many jurisdictions, fair use is simply a guarantee that copyright laws do not infringe freedom of speech and make critical commentary impossible. Fair use is an extremely complex body of case law; it is often very difficult for non-lawyers to tell in advance whether or not a certain use will be considered fair use in court. If in doubt, seek permission first.  It is not a blank cheque granting you a right to do anything at all and call it "fair use".

• Some uses of text under "fair use" are teaching, critiques, comments, reporting, and research. It permits, for example, limited quoting of copyrighted material. In some jurisdictions, it would allow creating a copy for personal use (such as a backup).

 

If you are posting any publicity photos from Bonanza or the actors, unless you are the copyright holder or have permission to use them, then please check before posting.  The Internet is slowing getting more and more strict in terms of copyright and intellectual property as new laws are developed to protect owners and content authors.

 

If there is a post that contains an article or information from another website that contains images or has not been properly sourced or credited it may edited by one of the Brandsters.  This may seem a little bit harsh or a bit extreme but the ramifications from copyright infringement can be bad for the owners of Bonanza Brand.

 

Some of you may also be thinking that we are being a bit extreme in our stance because the big stock photo companies or media organisations wouldn't be interest in a small website like this one.  Unfortunately, in this day and age if one of these companies or organisations are in a money making mood, they will go after the smaller sites, so it is better to be safe than sorry.

 

If you have any questions about this issue (as there is a ton of stuff that I haven't mentioned), let us know here.

[indiana]

this limited a lot what we can do on a forum like this one...

[MicheleBE1115]

And what do we do when we encounter a new pic someone is selling on E-Bay?  They don't own the picture(s) and yet, they're selling them.  We don't know the origin. 

[indiana]

2 hours ago, MicheleBE1115 said:

And what do we do when we encounter a new pic someone is selling on E-Bay?  They don't own the picture(s) and yet, they're selling them.  We don't know the origin. 

Exactly, and it's so easy to make copy of a photo (just print on photo paper, and sell it on ebay).

 

and Imagine on FB....

 

 

[MicheleBE1115]

3 hours ago, indiana said:

Exactly, and it's so easy to make copy of a photo (just print on photo paper, and sell it on ebay).

 

and Imagine on FB....

 

 

 

Yep, it happens all the time!  And you see it on the Internet.  Even there, you don't know the provenance.

 

[JulieS]

For those who are still having a little trouble understanding what is now happening on the internet it can be can be explained in this way... 

 

The Wild West days of the Internet where you could almost do anything you  like and feel no repercussions are slowly coming to an end.  The law is coming and will eventually catch up with those who are breaking national and international laws.

 

Those who own images and information that is under copyright have many tools available to find people who using their property without permission.   It will soon be big business to hunt these people down if it isn't already. 

[MicheleBE1115]

So what do we do, Julie?  So many of us have photos, etc. which we don't know the provenance of.  We'll have next to no pictures to post to the PODs.

 

How are other Bonanza sites handling this?

 

Won't this also affect puzzles?

 

I understand the concern, Julie.  You have a very good understanding of what could happen, but it puts most of us at a standstill.

 

Any suggestions?

 

Would it help to contact Andy about this for his input?

[indiana]

I understand perfectly too, Julie, and this debate on intellectual property, and copyright isn't a new thing. But on this forum, what we can do ? stop posting images ? it's the end of every forums, I think.

And personally, I make digital work with my own screenshots (my own DVDS),, but use also commercial pictures of Pernell ...so what ? I have to stop it ? so I have absolutely no interest to continue on forums, or groups on FB. But I read something about Art,  doing digital Art on photos, I think the photo worked  belongs to me (I have to search the article...)

[JulieS]

Images from the show itself are fine as we are an official site and we have permission to use them.  What are rights are explained in the disclaimer found at the bottom of every page.  Here it is as a reminder...

 

Quote

The name BONANZA is a registered trademark of Bonanza Ventures and is used with permission.

Bonanza Ventures is not responsible for the content of this website, and any opinions expressed are the opinions of individuals and not Bonanza Ventures.

 

The names and likenesses of the characters appearing in the BONANZA and THE PONDEROSA photoplays, and any images and pictures from such photoplays, are collectively the copyrighted and trademark-protected property of Bonanza Ventures. and NBC Universal, Inc. (as successor in interest to the National Broadcasting Company, Inc.), and are made available only for private, non-commercial use. Please take notice that any use of this material for any commercial use, or any unauthorized display, distribution, transmission or other use of this material, is expressly prohibited and constitutes a violation of the rights of Bonanza Ventures and NBC Universal, Inc.

All images from BONANZA are Copyright © 1959-2017 Bonanza Ventures and NBC Universal Inc. All rights reserved. BONANZA ®, THE PONDEROSA, ® and all related indicia are trademarks of Bonanza Ventures. Used with permission.

 

Bonanza Ventures is the official worldwide rights holder to the television programs created by David Dortort: BONANZA (and its prequel, THE PONDEROSA), and THE HIGH CHAPARRAL. Any person or entity interested in doing anything related to these series and/or its characters must obtain permission first, and may do so by contacting Bonanza Ventures through its attorney:
Andrew J. Klyde
141-15 72nd Avenue
Kew Gardens Hills
New York 11367-2331 U.S.A.
Phone: (718) 261-4128; Fax: (718) 261-4408
email: AJKLYDE@yahoo.com

 

 

Bonanza Brand is a non-commercial site and therefore we have permission as long as we don't try to sell the images from the show.  The problem arises with publicity photos of the Bonanza stars and set photos.  Some of these are owned by NBC or Bonanza Ventures but the majority are owned by other people and companies e.g. Getty Images.

 

Images from other websites that have nothing to do with Bonanza is where we can get into trouble as we do not have permission.  Here are some websites that explains it a bit more better than I can...

 

Law and Etiquette of Online Photo Use

 

StockPhotoRights.com (this is FAQ that has some information about posting images found on the web and how people can find the images they own).

 

As indiana stated that this has been around for a while but it has been in the last year or so that it really has been picking up steam.  Below is a link to a copyright infringement case that recently occurred...

 

Court Ruling on Celebrity Photos Raises New Copyright Risk for Websites

 

If you are in doubt about any images for sale on places like ebay, you can usually save the image and then upload it to Google Image Search to see if it is found elsewhere on the web...

 

Google Image Search

 

[JulieS]

1 hour ago, indiana said:

And personally, I make digital work with my own screenshots (my own DVDS),, but use also commercial pictures of Pernell ...so what ? I have to stop it ? so I have absolutely no interest to continue on forums, or groups on FB. But I read something about Art,  doing digital Art on photos, I think the photo worked  belongs to me (I have to search the article...)

 

Digitally altering images comes under Fair Use and Bonanza Ventures seem to be okay with this for now.  However, this does not mean that they will always be okay with it and may change their minds in the future (the same applies with all copyright holders).  When you buy a DVD you are technically buying a licence to view the show, the show is still under the copyright of the owners.

 

It is still very confusing but any images to do with Bonanza will still be okay to post here.  Publicity photos can still be posted but be aware that as we technically do not have permission from the copyright owners, Bonanza Brand may receive DMCA (Digital Millennium Copyright Act) takedown orders and we will have to comply with those by deleting the offending images.

[JulieS]

A couple of things I forgot to add.  Posting images from TV shows and films comes under Fair Use and as long as you are not making money e.g. selling them, then you should be okay.  The main problem is with images taken by photographers or designed by someone.  All of these are under copyright unless otherwise indicated.

 

Copying and pasting a non-Bonanza image found in article on another website into a post on this website breaches copyright.  Bonanza Brand could be liable as we do not have permission from the original website or copyright owners to post their non-Bonanza images.  This is the main problem for Bonanza Brand and why we may edited some of your posts.

[MicheleBE1115]

I'll review the links later, but right now, I have to get ready to take my husband, who has cancer, for an x-ray.

[Questfan]

Hi Julie,

 

I suppose for most of us we don't think too much on this as we just come and play here, but my concern is that we could get you or others into trouble as administrators of the site. I'm not sure how the site is set up and in fact have wondered recently how you even cover costs for new programs and updates etc since we get to join for free. We appreciate all that you do to keep things happening for us and I understand that things are getting tighter. Hopefully we will all be a little more aware and conscious of what we are doing.

[MicheleBE1115]

And Julie, I'm not disputing with my words.  I'm just looking to find a way to keep our boards going without getting the Brand into trouble.

[BluewindFarm]

I interpret the above to mean it would be illegal for Brand members to post non-Bonanza photos of the actors in the Beyond Bonanza forums unless they are screenshots from shows/movies and taken by the member.

 

Members can't post publicity photos or snag photos from old magazines, etc.

 

I think this is what Michele is inquiring about.

 

[indiana]

1 hour ago, MicheleBE1115 said:

And Julie, I'm not disputing with my words.  I'm just looking to find a way to keep our boards going without getting the Brand into trouble.

and I think it's the case for all the others forums.

 

I wonder how they can manage with FB and all the groups about Bonanza, and the actors, and Ebay or Amazon (people selling this or that about the show or the actors). I think it's impossible to control it.

 

Even If I understand perfectly the law (we have the same thing in France of course).

 

 

 

 

[jfclover]

So Julie.  Are you saying that all the pics in Mike's Mansion, etc. need to come down?

[BluewindFarm]

Based on the above, should the photos included in the stories that were copied from various publications, that are not Bonanza-related, be removed from those postings located in the Articles tab?

[JulieS]

8 hours ago, jfclover said:

So Julie.  Are you saying that all the pics in Mike's Mansion, etc. need to come down?

I think they will be fine for the time being but the Brand could receive takedown orders at any time.  So if you come on the board and find them gone you will know why.

 

A lot of copyright owners in the past had no way of tracing their property but more tools are becoming available to them as this is becoming a big business in itself. You never know when a copyright owner will decide to go after those who are using their photos without permission. 

 

Since more and more cases are occurring, it was time to start looking at this. 

[BluewindFarm]

Julie,

 

I'm confused.  In once instance above you post any pre-1978 photo is public domain in the US.  However, the pictures you removed from my posting regarding Adam West which I copied with the credits were pretty much guaranteed to be pre-1978.  And now as members are seeking clarification on what they can and can't do, you're saying that we don't need to delete the pictures we've already posted and that we should be okay with what's already there.  If that's the case, I don't understand why you deleted the photos from the news article I copied from the Hollywood Reporter when I gave proper credit.

 

And what of going forward, should members refrain from posting any NON-Bonanza related publicity photos or copies of photos from magazines? And what of Bonanza photos members have purchased from 'whoever' on eBay and wish to upload and share with Brand Members?  Or is this a moot point when it comes to pre-1978 photos.  But what of Little House or Trapper John or Battlestar Gallatica photos used in the Beyond Bonanza Forums, since they are all post-1978.

 

Would you please clarify the Brandsters' stance on what members can and cannot post when it comes to photos that do not apply to Bonanza or Bonanza photos from eBay.   I'm sure I'm not the only one who is confused with everything you've posted and your follow up comments. 

[JC*]

16 hours ago, JulieS said:

A couple of things I forgot to add.  Posting images from TV shows and films comes under Fair Use and as long as you are not making money e.g. selling them, then you should be okay.  The main problem is with images taken by photographers or designed by someone.  All of these are under copyright unless otherwise indicated.

 

Copying and pasting a non-Bonanza image found in article on another website into a post on this website breaches copyright.  Bonanza Brand could be liable as we do not have permission from the original website or copyright owners to post their non-Bonanza images.  This is the main problem for Bonanza Brand and why we may edited some of your posts.

 

 

BWF, I think maybe the second paragraph applies to your question?

[JC*]

Also, as I understand the pre-1978 thing applies to those things without a copyright notice and says "may be" public domain, not that they are. Is that right?

[MicheleBE1115]

And are we still allowed to post pictures (not connected to articles) of the guys traveling, making appearances at various events and Bluewind Farm asked, pictures from shows after Bonanza?   Lorne was in Griff, there are TV Guide covers promoting various TV shows, including Bonanza, ads, etc.  I'm sure this applies to the other guys.

 

I understand the CYA aspect, but as asked, we need more clarification so we don't get the Brand into trouble.

[MicheleBE1115]

Looking at the link from Wikihow, it seems fan fiction may be affected.  Maybe we need an attorney to look at it?

[Cheaux]

3 minutes ago, MicheleBE1115 said:

Looking at the link from Wikihow, it seems fan fiction may be affected.  Maybe we need an attorney to look at it?

 

Andy is an attorney.  Maybe he should weigh in on this discussion.