| Pages in topic: < [1 2 3 4 5] > | Site members using pictures of other people as profile pictures Thread poster: DLyons
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Samuel Murray 
Netherlands
Local time: 08:30
Member (2006)
English to Afrikaans
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| Permission, and fair usage | Feb 4, 2015 |
DLyons wrote:
Unfortunately, it's that of an actress from Vancouver, Michelle Borromeo and is on the Web under a Creative Commons licence which requires attribution for re-use. No such attribution is given.
The fact that an image is available with a creative commons licence does not mean that the image can no longer be licensed to anyone else under any other licence. In theory, it's not impossible that the owner of that picture could have licensed it to the translator in question, even though the image is also available to the general public under a creative commons licence.
At the same time, using a tiny version of an image for the purpose of an avatar may be fair usage (do you happen to know of any resources online that gives an opinion about that?).
I understand that people use all kinds of pictures for avatars online. I'm not sure how one should feel about that, if the image used is the image of someone else, because it often creates the impression that that image is a likeness of the person you're interacting with. On the other hand, people who use their own photographs often select a photo that looks very flattering, even though they may be quite ugly in real life, so what you see in the photo may not be an accurate depiction of the person anyway.
In addition to copyright issues (which relates to the photo itself), there is also the issue of moral rights (which relate to the person whose photo it is). It can be said (perhaps) that a celebrity is so well-known that no-one will be confused by it, and that using the likeness of a celebrity is fair usage towards the celebrity, but I'm not 100% convinced.
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That said, I do believe that ProZ.com could do something about this. Perhaps when uploading an image, the user should be asked to identify the image as either "photo of myself", "avatar", "logo" or "other image". Then, on the profile page (and e.g. in the forums), the word "own photo", "avatar", logo" or "other image" can appear underneath the image.
| | | | DLyons
Ireland
Local time: 07:30
Spanish to English
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TOPIC STARTER | All good points, Samuel. | Feb 4, 2015 |
Samuel Murray wrote:
1) In theory, it's not impossible that the owner of that picture could have licensed it to the translator in question, even though the image is also available to the general public under a creative commons licence.
2) At the same time, using a tiny version of an image for the purpose of an avatar may be fair usage (do you happen to know of any resources online that gives an opinion about that?).
3) It can be said (perhaps) that a celebrity is so well-known that no-one will be confused by it, and that using the likeness of a celebrity is fair usage towards the celebrity, but I'm not 100% convinced.
1) Yes, I agree and have no idea if that is in fact the case. The user's silence perhaps suggests not?
2) No idea - it hadn't even occurred to me. On a user profile, it's bigger than a thumbnail/avatar, but that may be irrelevant.
3) I'm not a lawyer, but don't they spend a lot of time on lawsuits re misuse of their client's image? I'd have thought fair use didn't apply.
The ProZ upload does require the user to state that they have the right to use the image and IMHO that's often flaunted.
| | | | | Post removed: This post was hidden by a moderator or staff member for the following reason: Please note there is nothing wrong with your post itself, however I have devetted the post you are quoting as it contains personal remarks which are out of line with ProZ.com's policies. |
It is perhaps possible that were it feasible to somehow make people post their own, and only their own, mugshots up here, thereby reducing the somewhat anonymous nature of some contributors, today's little outburst might not have happened. The individual responsible for the hidden posts (just the one insult combined with a textbook case of Godwin's Law; the rest of us just quoted it!) was, after all, hiding behind some kind of logo thing (and no full name either).
I happen not to mi... See more It is perhaps possible that were it feasible to somehow make people post their own, and only their own, mugshots up here, thereby reducing the somewhat anonymous nature of some contributors, today's little outburst might not have happened. The individual responsible for the hidden posts (just the one insult combined with a textbook case of Godwin's Law; the rest of us just quoted it!) was, after all, hiding behind some kind of logo thing (and no full name either).
I happen not to mind logos on here, it is a place for businesses after all, and the only thing that really bugs me is babies and cats and suchlike, but I would not be the first to point out that the greater the level of anonymity an online forum has, the less restrained some posters are. ▲ Collapse
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Andy Watkinson
Spain
Local time: 08:30
Member
Catalan to English
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| Maybe I'm amazed..... | Feb 5, 2015 |
Can't actually believe anyone's taking this seriously.
One thing is copyright, which is the only point the OP addressed in his initial post. Yes, it's serious when the context is serious.
But all this fuss about "scams", "stealing", "unprofessional activity", "false statements", "bringing the site into disrepute"......please....If ProZ has any problems with its reputation it's not because someone chooses to use G. Clooney's photo. George is a big boy now and has a team... See more Can't actually believe anyone's taking this seriously.
One thing is copyright, which is the only point the OP addressed in his initial post. Yes, it's serious when the context is serious.
But all this fuss about "scams", "stealing", "unprofessional activity", "false statements", "bringing the site into disrepute"......please....If ProZ has any problems with its reputation it's not because someone chooses to use G. Clooney's photo. George is a big boy now and has a team of very good lawyers.
It's not your problem.
Others have gone off the deep end, positing that posturing as Mr. Clooney, Ms. Borromeo (Hi Chris!), or Beyonce will undermine them, for there's nothing a client likes better than to know some Hollywood star is going to translate their text about Issuances of Mandatory Convertible Subordinated Debentures.
If anyone considers these celebrities to be their competitors, they have worse things to worry about. Seriously.
(Full disclosure: I am not a large, grey, cold building on the banks of the Mersey - just in case the Liver Birds decide to sue). ▲ Collapse
| | | | Tom in London
United Kingdom
Local time: 07:30
Member (2008)
Italian to English
Clearly, some translators are reluctant to post a personal photograph of themselves - presumably because they lack confidence in themselves, have some very striking facial defect, or are just pig ugly.
It's pretty obvious when they've been using a photograph of somebody else. Some of them are just too beautiful to be true and look more like movie stars than serious translators.
You know who you are.
And so do we.
[Edited at 2015-02-05 10:08 GMT]
| | | | | How is this even a discussion? | Feb 5, 2015 |
These people violate copyright laws. ProZ staff is aware of this. ProZ staff is legally obliged to take action. Otherwise, they'd be committing a criminal offense themselves. I am sure none of us want to be a part of a criminal website.
Perhaps the easiest things is to report these profiles to site staff when you come across them.
| | | | | The beginning of wisdom is to call things by their proper name (c) Confucius | Feb 5, 2015 |
Tom in London wrote:
Clearly, some translators are reluctant to post a personal photograph of themselves - presumably because they lack confidence in themselves, have some very striking facial defect, or are just pig ugly.
It's pretty obvious when they've been using a photograph of somebody else. Some of them are just too beautiful to be true and look more like movie stars than serious translators.
You know who you are.
And so do we.
[Edited at 2015-02-05 10:08 GMT]
In order to prevent clients from choosing translators based on criteria irrelevant to translation and to ensure a healthy market competition, I propose that colleagues with more than averagely good looks refrain from using their own picture. Similarly, colleagues using pictures of their pets and/or children should also change their profile picture to something less cute.
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DLyons
Ireland
Local time: 07:30
Spanish to English
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TOPIC STARTER | So whose picture are you going to use, Anna? | Feb 5, 2015 |
Anna Spanoudaki-Thurm wrote:
I propose that colleagues with more than averagely good looks refrain from using their own picture.
| | | | Samuel Murray
Netherlands
Local time: 08:30
Member (2006)
English to Afrikaans
+ ...
| Copyright laws | Feb 5, 2015 |
Michal Fabian wrote:
These people violate copyright laws. ProZ staff is aware of this. ProZ staff is legally obliged to take action.
As far as I'm aware, any violation of copyright must be dealt with by the copyright holder himself, or by someone whom he authorised to act on his behalf. This does not prevent anyone else from respecting it and requiring site members to respect it, but the point is that ProZ.com can't prosecute a translator for violating someone else's copyright. At best, ProZ.com can prosecute for breach of ProZ.com terms and conditions (which may include something about respecting copyright in it).
So if a translator uses a picture of e.g. Brad Pitt as his avatar, and you're eager to rectify the wrong, you would have to report the violation to Brad Pitt's agent, and let them deal with it... assuming, of course, that Brad Pitt's agent knows who the photographer of the picture is, since copyright in a photo belongs to the photographer, not the model. Or, you could google the photo and try to find out who took the picture, and contact them (or their agent) directly.
But let's suppose for the moment that ProZ.com does want to become involved. They would have to find out if the translator is using the picture in violation of the photo's copyright holder. This means that they must find out if there is an agreement between the translator and the photographer. If ProZ.com knows who the photographer is, they can ask him. Failing that, ProZ.com would have to ask the translator "do you have an agreement that allows you to use this picture?" and then believe whatever the translator answers, unless ProZ.com can prove otherwise.
And... when you upload a photo, ProZ.com does ask you to declare "I certify that the image I am uploading is mine to distribute and does not infringe on any copyrights".
| | | | 564354352 (X)
Denmark
Local time: 08:30
Danish to English
+ ...
| Ugly as charged | Feb 5, 2015 |
Tom in London wrote:
Clearly, some translators are reluctant to post a personal photograph of themselves - presumably because they lack confidence in themselves, have some very striking facial defect, or are just pig ugly.
How would I ever dare post a personal photo when there are beautiful people like you around to 'compete' against?
| | | | | Burden of proof | Feb 5, 2015 |
Samuel Murray wrote:
ProZ.com would have to ask the translator "do you have an agreement that allows you to use this picture?" and then believe whatever the translator answers, unless ProZ.com can prove otherwise.
Purely for the sake of discussion, I beg to differ. If the conditions of use of the site require this....
And... when you upload a photo, ProZ.com does ask you to declare "I certify that the image I am uploading is mine to distribute and does not infringe on any copyrights".
... then logically it is up to me to prove, if challenged, that I meet those conditions, not for proz to prove that I do not - as we all know, proving a negative is nigh on impossible, which is why no fair regime ever requires it.
This naturally presupposes you acknowledge proz has the right to challenge - as I said, I raise the point for the sake of discussion, and the defence of logic
Plus which, it is in my interests, as a renowned walking gargoyle, not to let this thread deteriorate into a beauty contest.
[Edited at 2015-02-05 12:41 GMT]
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DLyons
Ireland
Local time: 07:30
Spanish to English
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TOPIC STARTER
Both of the users notified by ProZ have changed their images and I respect them for that. As far as I'm concerned there the matter rests.
| | | | | LMFAO, I don't know where to start... | Feb 5, 2015 |
Why didn't anyone tell me about this thread?
Anyway, the backstabbers will be pleased to know the ProZ Police have been out in their panda car and the innocent experiment is over.
After extensive waterboarding, I confess that I did not familiarise myself with the full terms of the Creative Commons licence and may consequently have violated them.
But I go to my maker knowing that said alleged possible copyright infringement was not only accidental but also ... See more Why didn't anyone tell me about this thread?
Anyway, the backstabbers will be pleased to know the ProZ Police have been out in their panda car and the innocent experiment is over.
After extensive waterboarding, I confess that I did not familiarise myself with the full terms of the Creative Commons licence and may consequently have violated them.
But I go to my maker knowing that said alleged possible copyright infringement was not only accidental but also utterly trivial.
I can't speak for George Clooney, but I can confirm for the record that Michelle did not steal any work away from less attractive translators and the world has not ended. ▲ Collapse
| | | | Inga Petkelyte
Portugal
Local time: 07:30
Lithuanian to Portuguese
+ ...
| For me, it's simple | Feb 5, 2015 |
For me, it's simple as that:
Cheating on the photo - cheating elswhere.
I don't deal with such people. Period.
Not being photogenic, and maybe there's no a camera to revert age, I opted for an image of one of my favourite beaches in Portugal. My authorship.
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