said by harald:With respect to copyright, every creation has a copyright belonging to the creator as of the instant of creation.
To enforce that copyright, however, you must register it.
So the issue in this case is "show me the registration".
This is the correct answer.
Just to add some clarity here, even if not registered, the creator (or owner, in the case of 'works for hire') can also enforce their copyright (which is gained at creation, as you said).
Either way (registered or not) this gives the creator/owner the right to say how, when, where, etc., an image (in this case) is used and to enforce those rights. BUT, those rights are limited unless the work is registered.
Unregistered, the copyright holder has the right to demand that their work cease to be used or compensated. If ceased, no compensation is due. Not unless it's registered.
If a work is registered, then there are additional civil remedies afforded here... which is not the case here, because:
This work is NOT registered, not to Bill Frymire or anyone.
The work in question is public domain and no one holds the rights. Not even a guy who takes a photo of it and claims his photo is copyrighted. He could never register that for a fact.
Bill Frymire, as a (formerly very active) photographer myself who has had a lot of experience with copyright issues, I know darn well as you that this isn't registered to you and you have no rights here. Not unless you can prove registration.. WHICH YOU CAN'T. The work in question has been pulled, so you have no other rights or claims here.
Don't come back here nor bother this individual again... Not unless you want me to pull every citation which I would have already, but I am under the weather, and too darn tired and cranky at the moment to do so.. BUT I will if you do, which will only piss me off more and end the same exact way if you do. You lose. Move along.
OP: Be this a lesson to you. Just because it's on the internet, doesn't mean it's free. Someone created it and is due their rights to either be compensated or their right to give it away for free if they wish... not you. That don't get to decide for them.
-Jim