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#21
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Another approach to image theft
Jeff R wrote: "Stujoe" wrote in message .net... How about if I go to an art gallery and take a picture of a 200 year old painting that is just the painting and nothing else? Do I own the copyright on that photo if it is indistinguishable from any other photo take by any other tourist at any time? How about if I scan a 200 year old photo? -- Coin Information Site: http://www.Stujoe.com These, and all the related questions, certainly take the "I am not a lawyer" disclaimer to new heights. -- Jeff R. Then there's fair use and whether or not you are making any money of a copied item. A sticky wicket indeed. |
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#22
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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. |
#23
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Another approach to image theft
"Jorg Lueke" wrote:
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? If you are a U.S. citizen and wish to sue under U.S. law, yes. 17 USC 411(b) reads in part: No action for infringement of the copyright in any United States work shall be instituted until registration of the copyright claim has been made in accordance with this title. While you can decide to sue and register later, in most cases of someone "borrowing" a photograph, unless you are eligible for special damages, chances are the costs of the lawsuit will exceed any recovery. -- Michael Benveniste -- Spam and UCE professionally evaluated for $419. Use this email address only to submit mail for evaluation. |
#24
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Another approach to image theft
Michael Benveniste wrote: "Jorg Lueke" wrote: 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? If you are a U.S. citizen and wish to sue under U.S. law, yes. 17 USC 411(b) reads in part: No action for infringement of the copyright in any United States work shall be instituted until registration of the copyright claim has been made in accordance with this title. While you can decide to sue and register later, in most cases of someone "borrowing" a photograph, unless you are eligible for special damages, chances are the costs of the lawsuit will exceed any recovery. -- Michael Benveniste -- Spam and UCE professionally evaluated for $419. Use this email address only to submit mail for evaluation. That makes sense. If someone is driving a business of your images it might make sense to sue regardless but a one time ebay auction wouldn't matter lest you had the image pre-registered. Speaking of which, has anone here submitted coin images to be registered with copyright? |
#25
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Another approach to image theft
Did you submit form TX?
Harold "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 |
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