Copyright Infringement or Not?

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  • AngeloAngelo Turning frowns upsidedown Super Moderators Posts: 8,937 moderator
    edited September 17, 2006
    Angelo,

    Looked up the link above. No mention of punitive damages. What's your point?

    -M-

    True. There wouldn't be any mention of punitive damages in the code. I highlighted that passage to illustrate the change in the code that removes the requirement to register works with the copyright office as a means of protecting the work.

    Punitive damages, if awardable, would stem from the malice demonstated by their initial response to the inquiry about infringement. It is my assumption, based on what we've been told here, it can be fairly easily proven the producers of the show knew they should be concerned about copyright and taken appropriate steps to identify the holder of copyright.
  • ian408ian408 More wag. Less Bark. Administrators Posts: 21,582 moderator
    edited September 17, 2006
    Here is a pointer to an overview of the Berne Convention agreements. This
    agreement covers the protection of literary and artistic work. The United
    States is a party to it. Cornell document.

    And you might want to look at the World Intellectual Property Organization,
    www.wipo.int, as well.

    If you feel you have a claim, you should seek legal advice from an attorney
    who specializes in this field. But I'm guessing the use would be considered
    fair use and that the most you will get is a courtesy run after the fact.
    Like I said, it's a guess.

    Best of luck to you.
    Moderator Journeys/Sports/Big Picture :: Need some help with dgrin?
  • NewsyNewsy Major grins Registered Users Posts: 605 Major grins
    edited September 18, 2006
    Laughing.gif

    I just discovered that the person corresponding with me is the producer of the newscast. This person has won awards for their excellence in journalism.

    I'm really thinking there has been a misinterpretation of copyright laws but then, I tend to think really nice things about most people. But you would think a senior producer working in media would know all about copyright... wouldn't you?
  • flyingdutchieflyingdutchie Happy Snapper Registered Users Posts: 1,286 Major grins
    edited September 18, 2006
    Newsy wrote:
    Laughing.gif

    I just discovered that the person corresponding with me is the producer of the newscast. This person has won awards for their excellence in journalism.

    I'm really thinking there has been a misinterpretation of copyright laws but then, I tend to think really nice things about most people. But you would think a senoir producer working in media would know all about copyright... wouldn't you?

    Maybe he wouldn't know, but his (program's) legal team should have! :)
    I can't grasp the notion of time.

    When I hear the earth will melt into the sun,
    in two billion years,
    all I can think is:
        "Will that be on a Monday?"
    ==========================
    http://www.streetsofboston.com
    http://blog.antonspaans.com
  • wxwaxwxwax Immoderator Registered Users Posts: 15,471 Major grins
    edited September 19, 2006
    Newsy wrote:
    But you would think a senior producer working in media would know all about copyright... wouldn't you?
    Yes, you would.

    Send them an invoice. Take it from there.
    Sid.
    Catapultam habeo. Nisi pecuniam omnem mihi dabis, ad caput tuum saxum immane mittam
    http://www.mcneel.com/users/jb/foghorn/ill_shut_up.au
  • AngelographyAngelography Beginner grinner Registered Users Posts: 1 Beginner grinner
    edited December 4, 2012
    Is anyone else having issues with portrait clients "screen capturing" their images (even though they are watermarked), and having them printed via Groupons etc. for Shutterfly or similar? I'm finding that many high school seniors have photoshop skills, and are quite capable of cloning out watermarks with their "student copy" of Elements! I've actually gone to a client's home to pick up my daughter (3 months after their shoot)...to find several framed 16x20's on their living room wall! After a bit of private eye work, (high school kids talk:)...I learned that the KID actually saved the day, and some bucks for her mom! No idea how to avoid this trick, because right click protection and watermarking CLEARLY miss the "mark" here. Frustrated beyond belief.
  • mercphotomercphoto Bill Jurasz Registered Users Posts: 4,550 Major grins
    edited December 4, 2012
    Is anyone else having issues with portrait clients "screen capturing" their images (even though they are watermarked), and having them printed via Groupons etc. for Shutterfly or similar? I'm finding that many high school seniors have photoshop skills, and are quite capable of cloning out watermarks with their "student copy" of Elements! I've actually gone to a client's home to pick up my daughter (3 months after their shoot)...to find several framed 16x20's on their living room wall! After a bit of private eye work, (high school kids talk:)...I learned that the KID actually saved the day, and some bucks for her mom! No idea how to avoid this trick, because right click protection and watermarking CLEARLY miss the "mark" here. Frustrated beyond belief.

    The way you avoid this trick is not have images online in the first place, or at least not until after a sale. Face to face proofing and order taking on your computer. It is more work, but it prevents the theft. And, its a much better way to get actual sales, face-to-face with the client.

    Sorry for the off-topic. :)
    Bill Jurasz - Mercury Photography - Cedar Park, TX
    A former sports shooter
    Follow me at: https://www.flickr.com/photos/bjurasz/
    My Etsy store: https://www.etsy.com/shop/mercphoto?ref=hdr_shop_menu
  • ian408ian408 More wag. Less Bark. Administrators Posts: 21,582 moderator
    edited December 4, 2012
    I guess the answer lies in figuring out a better way to watermark in addition to posting only very low resolution images-with SmugMug, you can upload full resolution images but limit the displayed size. By limiting the size, you're making it more difficult to create larger prints.
    Moderator Journeys/Sports/Big Picture :: Need some help with dgrin?
  • EaracheEarache Unsharp and Oversaturated SO CALRegistered Users Posts: 3,533 Major grins
    edited December 5, 2012
    mercphoto wrote: »
    Sorry for the off-topic. :)

    After a 6 year bump, I don't think it's a problem....thumb.gif
    Eric ~ Smugmug
  • DemianDemian Major grins Registered Users Posts: 211 Major grins
    edited December 7, 2012
    Was this ever resolved? Now I wanna know what happened :(
  • NewsyNewsy Major grins Registered Users Posts: 605 Major grins
    edited December 12, 2012
    Demian wrote: »
    Was this ever resolved? Now I wanna know what happened :(

    It went away. I had a discussion over the phone with the producer and she apologized after I asked her how she would feel if someone took one of her segments and used it in a presentation without mentioning the source and to generate revenues. I don't have the legal team of Getty Images at my beck and call nor the $$$ resources to hire a legal team to pursue what at most would be a fee of a few hundred $$$ after several years of legalistic tit for tat in the slow moving Canadian legal system, so I opted to forget about it.

    But I have since found that my image of a Columbian Ground Squirrel has been edited and seems to be somewhat popular. I had to laugh! :D

    viral%20version%20found%20on%20web.jpg

    .
  • racerracer Major grins Registered Users Posts: 333 Major grins
    edited January 5, 2013
    Newsy wrote: »
    But I have since found that my image of a Columbian Ground Squirrel has been edited and seems to be somewhat popular. I had to laugh! :D
    .

    rolleyes1.gif
    Freakin hilarious!

    Although on a more serious note, I am sure you realize you have a copyright in the album description, but have the "original size" and image download enabled! You have a copyright AND a download button!
    Todd - My Photos
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