Copyright?

[alcina]

Sorry to be the dissenting voice here, but SUCK-UP.

He isn't sorry. He doesn't feel bad. He doesn't think the use of your image was wrong. He doesn't think he should compensate you in any way. He'll do it again most likely and hope again he doesn't get caught.

Heck, he doesn't even apologise to you personally. Which would still be a suck-up IMHO.

He does want to be let back into the swing of things on the board and perhaps in his business. He wants people to forget about his atrocious behaviour and treat him with respect again, even though he fails miserably in giving it. He doesn't want to have consequences for his choices.

Personally, I say don't let him get away with it. That image is yours and only you have the rights to it and you should be compensated for the use - bill him. At the very least, like David said, if it ever happens in the future you will be able to use that to your benefit hopefully. Another friend just had this happen; he took it to lawyers yesterday and we will see it where it goes.

Just my very undervalued Aussie 2 cents...and end of rant

 

[justleesa]

I love your rants girl

 

[cowprintrabbit]

semi-related question:
Is it copyright infringement if I like one of someone's pictures so much that I want to use it as my Windows desktop background for a while? I'm not versed in copyright law...

 

[Reel Steel]

Problem here. It was brought to my attention that someone used one of my photos in the design of their business cards. Flattering indeed, BUT I was not asked permission and didn't get anything for it. Not even my name was on the card as the person covered up my leesaspics© signature. I approached him, in what I think is a friendly manner...

Aloha @$%*&@#!

It was brought to my attention that you are using a photo of a vintage scuba diver, that I took, for your business cards.

I do not remember giving you permission to use my photo. What are we going to do about this situation?

Regards,
signed by me

This was his answer, no greeting, no salutation...nothing

Nothing.

It was our understanding that any photo’s on the internet are ‘free game’ to others – according to my attorney.

Anyway, we have redesigned out cards with a picture of our adapters now on them.

How true is it? Are our pictures free game? I know there are pictures, like those that yahoo offers and those that you can buy on a CD that are for such use. But our pictures...are they free game?

Hi Leesa-For what it's worth----copyright & patent-properties, to various levels of interpretation, share the same problem. Enforcement! In many instances, it can cost ENORMOUS ammounts of money to uphold your rights to either. Just a thought.

 

[alcina]

semi-related question:
Is it copyright infringement if I like one of someone's pictures so much that I want to use it as my Windows desktop background for a while? I'm not versed in copyright law...

I think if you contact that person and ask permission FIRST, that many people (not all, of course, and not on all images) will be mellow about your using it for that purpose. Some may have a fee for this use, too. But the image is theirs and you can't use it without their permission, I think. And even if that isn't right legally, for me, it is right ethically.

 

[ShoalDiverSA]

I think if you contact that person and ask permission FIRST, that many people (not all, of course, and not on all images) will be mellow about your using it for that purpose. Some may have a fee for this use, too. But the image is theirs and you can't use it without their permission, I think. And even if that isn't right legally, for me, it is right ethically.

Alcina,



Well said on his actual reasons for posting the "apology" - I agree 100% He seemed anything but contrite in his post.

I agree, too, that it is ethically correct to ask permission to use someone's photo for personal use. I have in the past asked for permission to use an image as a Windows desktop (thanks Marpacifica!). I sincerely doubt that any of the Board users will object to this type of use - of course with the proviso that it is not for redistribution. Other than ethical issues, it is just good manners and shows the respect that is due to the person who took the photo.

I must admit that I do save some of Gilligan's images to hard-drive for those moments when I am getting SCUBA withdrawals. But that is where they stay - no prints, no emailing, nothing. And if there is any doubt about the ethics of doing this, I would delete them in an instant. Though I would miss my e-Aquarium...

Cheers,

Andrew

 

[Dee]

I agree with you both, it's just basic good manners to ask for permission. It's a very nice feeling to be asked if your work can be used in such a manner. To think someone likes it well enough to look at it every time they sit in front of the computer is flattering to me. If they're like me, I see my monitor alot more than I look at the walls is my house where the 'good' photos hang!

 

[marpacifica]

You're quite welcome, Andrew! Funny, but I was just going to respond to this thread to say the following:

ShoalDiverSA [Andrew] had the courtesy and good manners of asking me to use a photo for his desktop. I was flattered and said, sure. It also helped that he's a frequent contributor to this board, not just someone cruising it looking for opportunities from someone else's work. I think I would have been hesitant if somebody with only a few posts asked.

 

[TheAvatar]

He's not sorry. He is sorry he got caught.

 

[mocando]

In response to your question I offer the following "Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150, 000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights."

The above came from the government's website. If you want more clarification without having to go to a lawyer, visit their web page at http://www.copyright.gov/. I would recommend a lawyer if you have any questions. If you must go to court, you would be much better off if you had a contract or lawsuit based upon what a lawyer had prepared for you.