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#1
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Another approach to image theft
A few days ago I left a post describing how I complained to eBay about
how a replica maker stole an image on one of my Web pages and used it without my permission to sell his replicas on eBay. eBay NARUed him for about a week (I had expected them to just warn the guy), but he stopped what he was doing. A couple of days ago, not looking for it, I chanced upon another example of a company taking a coin photo from one of my sites, this time of a Lydian electrum trite, and using it to sell gold and silver bullion. The page of theirs was on the history of coins. This was a private site, not connected to eBay. In the past when this has happened in a similar commercial setting, I've sent a cease and desist email to the person or company, and that has worked. This time I emailed an invoice for $100, including all of my contact information. First the vice president of the company phoned. Then the Webmaster, a guy with a British accent, phoned from Thailand. (!) The company had farmed out the Web site to him. He said that he didn't know that my image was copyrighted (I explained that all images are and that there's a lot of confusion over this) and that Web copyright isn't clear (I explained that it was clear and is no different from print copyright though there's also a lot of confusion out there over this). We had a nice five-minute chat, business-oriented and cordial. He concluded by asking if it were all right for the company to send me a contract for use of my photo, and I said of course. I mailed it back today and am awaiting the check. -- Email: (delete "remove this") Consumer: http://rg.ancients.info/guide Connoisseur: http://rg.ancients.info/glom Counterfeit: http://rg.ancients.info/bogos |
#2
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Another approach to image theft
I have found many ebay listings that have quoted my writing from my site
about specific items. Some even provided a link to my site and said if interested more information here. I really am very flattered by it. What is even more flattering is that some of the sellers were German and some Austrian which if you are familiar with my site, you might think they would know more about the items on my site than I do. Surprises the heck out of me anyway. Some FEW have asked to use certain information beforehand. Well information itself can't be copyrighted but the presentation of that information can. I always gave permission. I don't recall ever seeing a listing that used one of my images however. I would most likely give permission but not sure how I would feel if not asked. With that being said. Not everything on my site is mine ( about 95% is mine) and I don't have permission to use everything I have used. I don't sell anything so maybe all I would get would be a cease and desist warning. I know it is wrong but I did it anyway. Seems to me a lot of times people like me for instance go ahead and use something and if no one complains then great we got away with it ;-) I don't make a profit from it but that doesn't justify it either. I like the way you handled your situation and if you get that $100; are you going to invest it in a coin? ;-) I know I would. lol Dale http://www.austriancoins.com "Reid Goldsborough" wrote in message ... A few days ago I left a post describing how I complained to eBay about how a replica maker stole an image on one of my Web pages and used it without my permission to sell his replicas on eBay. eBay NARUed him for about a week (I had expected them to just warn the guy), but he stopped what he was doing. A couple of days ago, not looking for it, I chanced upon another example of a company taking a coin photo from one of my sites, this time of a Lydian electrum trite, and using it to sell gold and silver bullion. The page of theirs was on the history of coins. This was a private site, not connected to eBay. In the past when this has happened in a similar commercial setting, I've sent a cease and desist email to the person or company, and that has worked. This time I emailed an invoice for $100, including all of my contact information. First the vice president of the company phoned. Then the Webmaster, a guy with a British accent, phoned from Thailand. (!) The company had farmed out the Web site to him. He said that he didn't know that my image was copyrighted (I explained that all images are and that there's a lot of confusion over this) and that Web copyright isn't clear (I explained that it was clear and is no different from print copyright though there's also a lot of confusion out there over this). We had a nice five-minute chat, business-oriented and cordial. He concluded by asking if it were all right for the company to send me a contract for use of my photo, and I said of course. I mailed it back today and am awaiting the check. -- Email: (delete "remove this") Consumer: http://rg.ancients.info/guide Connoisseur: http://rg.ancients.info/glom Counterfeit: http://rg.ancients.info/bogos |
#3
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Another approach to image theft
"Dale Hallmark" wrote in message ... I have found many ebay listings that have quoted my writing from my site about specific items. Some even provided a link to my site and said if interested more information here. I really am very flattered by it. What is even more flattering is that some of the sellers were German and some Austrian which if you are familiar with my site, you might think they would know more about the items on my site than I do. I would not be flattered if they were linking to, or using information from my site to sell overpriced stuff or somehow defraud eBay buyers(come on, eBay is self policing, that never happens) There was recently someone on UKRCC that linked my site in one of their auctions, I think it was for a 17th century English Token, anyway I had them hastily remove the link. I want no association with anybody else's eBay auctions. |
#4
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Another approach to image theft
On Sun, 13 Nov 2005 06:45:32 -0500, Sibirskmoneta wrote:
There was recently someone on UKRCC that linked my site in one of their auctions, I think it was for a 17th century English Token, anyway I had them hastily remove the link. I want no association with anybody else's eBay auctions. Seems to me like a great time to replace that image with a graphic of the words "The guy selling this coin is using my bandwidth and my images without my permission. Are you sure you want to do business with someone like that?" |
#5
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Another approach to image theft
"Dave Hinz" wrote in Seems to me like a great time to replace that image with a graphic of the words "The guy selling this coin is using my bandwidth and my images without my permission. Are you sure you want to do business with someone like that?" If he had done a direct link in I would have had something a wee bit more derogatory. |
#6
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Another approach to image theft
On Sat, 12 Nov 2005 16:32:58 -0600, "Dale Hallmark"
wrote: I like the way you handled your situation and if you get that $100; are you going to invest it in a coin? ;-) I know I would. lol Of course. Is there any better way to spend discretionary funds? g -- Email: (delete "remove this") Consumer: http://rg.ancients.info/guide Connoisseur: http://rg.ancients.info/glom Counterfeit: http://rg.ancients.info/bogos |
#7
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Another approach to image theft
Reid Goldsborough wrote:
He concluded by asking if it were all right for the company to send me a contract for use of my photo, and I said of course. I mailed it back today and am awaiting the check. Dude! That's sweet. Do let us know if you get the money. That's a great way to stick it to the image thiefs. -- Bob |
#8
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Another approach to image theft
What would the civil penality be if they refused to stop using you photo?
"Reid Goldsborough" wrote in message ... A few days ago I left a post describing how I complained to eBay about how a replica maker stole an image on one of my Web pages and used it without my permission to sell his replicas on eBay. eBay NARUed him for about a week (I had expected them to just warn the guy), but he stopped what he was doing. A couple of days ago, not looking for it, I chanced upon another example of a company taking a coin photo from one of my sites, this time of a Lydian electrum trite, and using it to sell gold and silver bullion. The page of theirs was on the history of coins. This was a private site, not connected to eBay. In the past when this has happened in a similar commercial setting, I've sent a cease and desist email to the person or company, and that has worked. This time I emailed an invoice for $100, including all of my contact information. First the vice president of the company phoned. Then the Webmaster, a guy with a British accent, phoned from Thailand. (!) The company had farmed out the Web site to him. He said that he didn't know that my image was copyrighted (I explained that all images are and that there's a lot of confusion over this) and that Web copyright isn't clear (I explained that it was clear and is no different from print copyright though there's also a lot of confusion out there over this). We had a nice five-minute chat, business-oriented and cordial. He concluded by asking if it were all right for the company to send me a contract for use of my photo, and I said of course. I mailed it back today and am awaiting the check. -- Email: (delete "remove this") Consumer: http://rg.ancients.info/guide Connoisseur: http://rg.ancients.info/glom Counterfeit: http://rg.ancients.info/bogos |
#9
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Another approach to image theft
"????" wrote:
What would the civil penality be if they refused to stop using you photo? In the U.S., it depends on such things as the timing of copyright registration. If you register the copyright more than three months after first publication, and the infringement occurs prior to registration, recovery is limited to injunctive relief plus actual damages. Otherwise, in addition to the above remedies, you can recover statuatory damages plus potentially recover attorney's fees. This is all covered in 17 USC 412 and 17 USC 501-513. -- Michael Benveniste -- Spam and UCE professionally evaluated for $419. Use this email address only to submit mail for evaluation. |
#10
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Another approach to image theft
Michael Benveniste wrote: "????" wrote: What would the civil penality be if they refused to stop using you photo? In the U.S., it depends on such things as the timing of copyright registration. If you register the copyright more than three months after first publication, and the infringement occurs prior to registration, recovery is limited to injunctive relief plus actual damages. Otherwise, in addition to the above remedies, you can recover statuatory damages plus potentially recover attorney's fees. This is all covered in 17 USC 412 and 17 USC 501-513. One thing some lawyers have mentioned to me is that if you ever want to file for damages you need to register the copyright. Is that correct? |
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