Letter to Brand Members Regarding Copyright Material

[Brandsters]

Dear Members,

 

Thank you for bearing with us as we investigated US copyright law as it affects Bonanza Brand.  
 

When the issues surrounding the use of unauthorized images was brought to our attention, we immediately contacted our licensor (Bonanza Ventures, Inc.) for guidance before posting language in the Branding Room which led to a robust discussion of the issue.

We were gratified by the engagement of members in this topic, many of whom undertook their own research and freely shared what information they found with everyone (thank you!)  We added their findings to our growing pile of research, and, as additional questions arose, we added those to the scope of our inquiries.
 

Findings:
 

• Posting by individuals of unauthorized images on the Internet is illegal.  Posters can be fined anywhere from $200 - $150,000 per image.
   
• Posting manipulated/transformed images without authorization from the copyright holder is illegal.
   
• Giving credit (attribution) to the source of a photo does not guarantee full compliance with copyright laws.
   
• Arguments that “everyone else is doing it” or “I’m not making money off it” or “anything on Facebook is already in the public domain,” are irrelevant.  Illegal is illegal. 
   
• Facebook prohibits the posting of unauthorized images.  The best way to help make sure that what you post to Facebook does not violate copyright law is to only post content that you have created yourself and is not based on something that is already copyright protected.  See https://www.facebook.com/help/1020633957973118
   
• An image may have more than one copyright holder, e.g., the location, lighting, props.
   
• Purchasing a DVD or a photo does not transfer copyright to the purchaser.
   
• Copyright laws for newspapers and magazines is complicated.  A table citing all the variables can be found at Cornell University.

 

Risk Assessment:
 

We acknowledge the risk may be low that you or Brand might receive a demand letter, but what is the right thing to do?  

Obey the law.
 

• Under the Digital Millennium Copyright Act (DMCA), website owners face liability if they do not take specific action.  All website owners should require all posters to confirm he or she has permission to use an image or information prior to posting.  Website owners should act promptly to remove or disable access to the posting upon receiving any notification that a party is making unauthorized use of a photo or name.  The website owner should then contact the party who posted the information to notify them of the report.
   
• Website owners should put in place certain policies and procedures prohibiting posting of content that infringes on intellectual property rights of others.
   
• Reproduction on Bonanza Brand of newspaper or magazine articles which perhaps still enjoy copyright protection may be akin to a library preserving historical material within its archives.  We urge any poster to include the exact date of publication, the name of the author, and the name of the periodical (when known).

 

Decision:

 

We will be adding the following language to the website in the Guidelines (both Forums and Library) and on the Copyright page:

 

Bonanza Brand does not encourage or condone the unauthorized posting or manipulation
of any copyrighted images. Whenever we become aware of copyright infringement,
we will remove the image and notify the poster of this action.
 

This Website has been granted permission from Bonanza Ventures to post
low-resolution (.jpeg) images of photos taken on the set of the “BONANZA” series
and screen shots from episodes.

 

Since photos of “BONANZA” actors in non-“BONANZA” roles may be copyright protected
by other entities, Bonanza Brand urges members to avoid copyright violations
by verifying ownership and obtaining permission from the copyright holder before posting. 
Posters should be aware that simply giving credit to the source of
non-“BONANZA” photos does not guarantee full compliance with copyright laws.

 

 

 

We have also added an Image Resource thread in Tech Help.  There you will find tools you can use to find out who owns an image as well as places where you can find photos under a Creative Commons license that allows manipulation (CC by SA 2.0 license).  We will add to these topics as we find resources and encourage members to add sites or apps they find helpful. 

 

Per law, cropping is considered modifying the original work, and violates the copyright. 
 

Cheaux and I have propose that cropping will be allowed as long as the entire scene from the Bonanza screencap is also posted.  Meaning, any 'cropped' image must be posted in conjunction with the full image. 

 

Edited to include:  Permission was received from Bonanza Ventures to allow cropped images as outlined above. 

 

Adding a 'frame' or 'border' is not considered manipulation as long as no person/item within the screencap is deleted/removed.

 

Bonanza Brand wants you to continue to post and have fun.  Afterall, with 400 episodes at roughly 48 minutes per episode, and 24 frames per second (you do the math) . . . that’s  A LOT of screen caps that can be drooled over, discussed, or used to illustrate a story,

 

This has not been an easy decision, but one we feel is the right thing to do.  It is what Ben Cartwright would do.

 

 

[Bakerj]

15 hours ago, Brandsters said:

Posting manipulated/transformed images without authorization from the copyright holder is illegal.

 

Is Brand not able to get authorization from Bonanza Ventures to allow us to do this with Bonanza pics? Bearing in mind that this means we can't crop, resize, re-colour, add a colour filter, blur, touch up etc any Bonanza pic.

 

 

[BluewindFarm]

10 minutes ago, Bakerj said:

 

Is Brand not able to get authorization from Bonanza Ventures to allow us to do this with Bonanza pic?

 

 

Baker, 

 

As stated in the previous discussion thread, the license verbiage related to low resolution screen caps was directly from Bonanza Ventures.  There was nothing included that gave Brand or its member permission to manipulate any copyrighted images from Bonanza or behind the scenes.  The question has been asked multiple times with the same response.

[Bakerj]

6 minutes ago, BluewindFarm said:

 

Baker, 

 

As stated in the previous discussion thread, the license verbiage related to low resolution screen caps was directly from Bonanza Ventures.  There was nothing included that gave Brand or its member permission to manipulate any copyrighted images from Bonanza or behind the scenes.  The question has been asked multiple times with the same response.

 

Sorry.  I didn't mean to rehash old ground.  It just that when this license was originally granted when Brand was formed Photomanip wouldn't have been a consideration back then.  So I just wondered if it had been brought up since. 

It has, so that's fine.

Again, apologise.  Didn't mean to be a pain.

 

 

[BluewindFarm]

@Bakerj  Thank you.

[BluewindFarm]

Cheaux and I will be going through all the images uploaded at Brand and work with the member, when we can, to resolve any issues related to this topic.

 

This process will take time and will not happen overnight.

[Conny1971]

Well I have about 5000 screencaps from almost every episode, so Bonanza is not the problem 

 

Okay, I tried the links in the other threat and one of them I couldn´t open and in the others I didn´t find any picures from Pernell, I didn´t look after the shows he was in, but some of them aren´t that old to be in the public domain, which doesn´t really surprise me. I believe everyone of us knew what we did wasn´t really legal. I canceled what I had in the gallery, but I don´t know how to find all my posts in the forum. So wouldn´t the question be, why keep the actor categories, if you can´t share anything, sorry I am a bit dissapointed, but I can understand the rules and will abide by them of course.

 

Another thing is, if we can´t change the pictures, even the ones from Bonanza, are we allowed to make puzzles?

[BluewindFarm]

 

25 minutes ago, Conny1971 said:

Well I have about 5000 screencaps from almost every episode, so Bonanza is not the problem 

 

Okay, I tried the links in the other threat and one of them I couldn´t open and in the others I didn´t find any picures from Pernell, I didn´t look after the shows he was in, but some of them aren´t that old to be in the public domain, which doesn´t really surprise me. I believe everyone of us knew what we did wasn´t really legal. I canceled what I had in the gallery, but I don´t know how to find all my posts in the forum. So wouldn´t the question be, why keep the actor categories, if you can´t share anything, sorry I am a bit dissapointed, but I can understand the rules and will abide by them of course.

 

Another thing is, if we can´t change the pictures, even the ones from Bonanza, are we allowed to make puzzles?

 

@Cheaux and I will go through the Forums as mentioned above, it will be a time-consuming project.

 

Members may still discuss the roles of Lorne, Pernell, Dan, Michael, etc. in the various TV shows and movies they appeared, the conversations just cannot include images unless the member has permission directly from the copyright holder or the image is from a free-use domain.

 

Puzzles using Brand images are allowed as long as the screencap used is not manipulated.  It helps that members can click to see the 'ghost' image of the screencap when trying to restore the picture.

[Conny1971]

1 minute ago, BluewindFarm said:

 

 

@Cheaux and I will go through the Forums as mentioned above, it will be a time-consuming project.

 

Members may still discuss the roles of Lorne, Pernell, Dan, Michael, etc. in the various TV shows and movies they appeared, the conversations just cannot include images unless the member has permission directly from the copyright holder or the image is from a free-use domain.

 

Puzzles using Brand images are allowed as long as the screencap used is not manipulated.  It helps that members can click to see the 'ghost' image of the screencap when trying to restore the picture.

Thanks for the work. It will certainly take time to clean everything up. 

[BluewindFarm]

Please remember when uploading images into the Forums, that the episode title must be included with the screencap (above or below or to the side), unless the post is within a 'Guess the Episode' thread.

[jfclover]

1 hour ago, BluewindFarm said:

Please remember when uploading images into the Forums, that the episode title must be included with the screencap (above or below or to the side), unless the post is within a 'Guess the Episode' thread.

 

What's the reasoning for this, Deanne?

[jfclover]

I'm surprised the Actor Forums were created 14 years ago.

There's not much to do in Mike, Dan, Lorne, or Pernell's forums without pictures of the actors or articles that aren't written between today and forever so we can give credit.

I'm happy to delete all the crap I posted in the Mansion, but it seems we might as well delete the actor's forums.  There's no real reason for them to take up space.

[mumu74]

that will be a giant job for you, ladies  thank you for making things clear. I've got captures from episodes, which I like to use for illustrating the casino. I hope, it's allowed. As the whole discussion is in english (plus 'law business and terms), it's a litte bit difficult for me to get the whole message; 

So I'll read it slowly and calmly and  I think, I'll be able to understand. 

[pjb]

@Cheaux @BluewindFarm  Thanks so much for investigating this and outlining clearly what is and isn't permissible.

 

Lest everybody forget, if you find an image you want to use, it is possible if you do one thing: obtain permission from the person who holds the copyright. You may have to dig a little to find that person for older pics, but you can always start with the source where you found it. 

 

You may be surprised at how readily some people will agree to letting you share their images, especially if you let them know (a) it's not for commercial (money-making) purposes, but simply for a fan site where people enjoy this kind of thing, and (b) you'll give them proper credit when you post. I recently received permission to use an original image on my website and social media; not only was the artist thrilled, but she didn't charge me for the use. I offered to include in the credit a link to her social media account; even though I found the image on FB, she asked me to cite her Instagram account. Done, and done.

[Cheaux]

1 hour ago, pjb said:

Lest everybody forget, if you find an image you want to use, it is possible if you do one thing: obtain permission from the person who holds the copyright. You may have to dig a little to find that person for older pics, but you can always start with the source where you found it. 

 

You may be surprised at how readily some people will agree to letting you share their images, especially if you let them know (a) it's not for commercial (money-making) purposes, but simply for a fan site where people enjoy this kind of thing, and (b) you'll give them proper credit when you post. I recently received permission to use an original image on my website and social media; not only was the artist thrilled, but she didn't charge me for the use. I offered to include in the credit a link to her social media account; even though I found the image on FB, she asked me to cite her Instagram account. Done, and done.

 

Excellent example, pjb. 

 

As an editor and content creator for two monthly online publications, I am always contacting authors of source material for permission to reprint.  No one has refused me yet, requesting only a by-line and/or a link to their website.   

 

 

[BluewindFarm]

2 hours ago, jfclover said:

 

What's the reasoning for this, Deanne?

Pat,
it is giving credit to the copyright holder by listing which episode; and it was included in the March Guidelines update. 

[Cheaux]

2 hours ago, jfclover said:

I'm surprised the Actor Forums were created 14 years ago.

There's not much to do in Mike, Dan, Lorne, or Pernell's forums without pictures of the actors or articles that aren't written between today and forever so we can give credit.

I'm happy to delete all the crap I posted in the Mansion, but it seems we might as well delete the actor's forums.  There's no real reason for them to take up space.

 

Not aware of the original intent by the creators of this website, but those forums were set up as discussion boards, not galleries.   So discuss.   

[jfclover]

9 minutes ago, BluewindFarm said:

Pat,
it is giving credit to the copyright holder by listing which episode; and it was included in the March Guidelines update. 

 

I don't know how to reply.  I guess I'm too dense.  I shouldn't bring up that we've never done this before, but all these new rules make me weary and reluctant to post anything.

[AC1830]

I have a question. Forgive me if it's been discussed and/or answered (I've sifted through all the other discussions). Based on what is posted here, what about pictures that are posted with stories in the Library? They certainly fall under these rules/guidelines. So to confirm we can use actual screen caps, and note the episode (credit posted in the story perhaps?), but not any photos that are manipulated. Is this correct? 

 

Thanks for posting all of this in an understandable way. 

[jfclover]

2 minutes ago, AC1830 said:

I have a question. Forgive me if it's been discussed and/or answered (I've sifted through all the other discussions). Based on what is posted here, what about pictures that are posted with stories in the Library? They certainly fall under these rules/guidelines. So to confirm we can use actual screen caps, and note the episode (credit posted in the story perhaps?), but not any photos that are manipulated. Is this correct? 

 

Thanks for posting all of this in an understandable way. 

 

Good question, AC.  Half of the library pics are manipulated.    

[Cheaux]

32 minutes ago, AC1830 said:

I have a question. Forgive me if it's been discussed and/or answered (I've sifted through all the other discussions). Based on what is posted here, what about pictures that are posted with stories in the Library? They certainly fall under these rules/guidelines. So to confirm we can use actual screen caps, and note the episode (credit posted in the story perhaps?), but not any photos that are manipulated. Is this correct? 

 

Thanks for posting all of this in an understandable way. 

 

You're welcome, AC.    It has been stated before, but I understand how difficult it is to wade through the lengthy previous discussion to find the library image references.   

 

To restate, we will be working through the library images one by one.  This will not happen overnight as there are a great many images.  Thankfully, most of them are screen caps, but some aren't and we will work directly with the authors to determine the source. 

 

Again, thanks for your patience.

 

[Oxgirl]

Hi, I'm probably a bit dim, but does this mean we can't use snipping tool to take screen caps from eps showing on YouTube to post here?

Thanks.

[Cheaux]

Low resolution (.jpeg) Screen caps are permitted. The method you employ is up to you.  In the old days, I used a camera to capture a screen shot!  I’ve used <prnt> <scrn> as well. 

[Bakerj]

On 9/3/2020 at 9:22 PM, Cheaux said:

As an editor and content creator for two monthly online publications, I am always contacting authors of source material for permission to reprint.  No one has refused me yet, requesting only a by-line and/or a link to their website.

 

For more recent pics I guess this may be easier but, personally, I wouldn't have a clue where to start looking for a copyright holder if I wanted to post a screencap of Mike from an old ep of Crusader, for example.  Any suggestions?

 

 

[BluewindFarm]

1 hour ago, Bakerj said:

 

For more recent pics I guess this may be easier but, personally, I wouldn't have a clue where to start looking for a copyright holder if I wanted to post a screencap of Mike from an old ep of Crusader, for example.  Any suggestions?

 

 

Check out IMDb.com to see who the productions companies were and then look them up on the web, then reach out to them via email; is where I would begin.