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

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

"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.

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?"

"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.

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

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

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

"????" 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.

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?