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Another approach to image theft



 
 
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  #21  
Old November 13th 05, 06:11 PM
Jorg Lueke
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Default 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.

Ads
  #22  
Old November 13th 05, 06:27 PM
Sibirskmoneta
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Default 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  
Old November 13th 05, 06:55 PM
Michael Benveniste
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Default 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  
Old November 13th 05, 07:09 PM
Jorg Lueke
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Default 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  
Old November 14th 05, 01:35 PM
Harold Fears
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Default 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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