Copyright?

[armyscuba]

I think those vintage shots are really KEWL..Leesa...People just don't get it. I was just recently on Military Leave with My wife in Key West. We went into one of the Local Dive shops..who I will leave nameless. Their Logo is a Blatant Copy of the Tampa Bay Buccaneers Pirate Flag..I bought one of the t-shirts..knowing someday it will be a collectors item.. I can't believe that nobody in Fla. has picked up on it Yet..

 

[alcina]

Scuba Texan et al -

I wondered about that too. But I am not sure that with the facts as presented there is much to it.

Mr. X of Frilly Pillows toy company used one of my copyrighted photographs for his business card. At no time did he ask for permission to use this image and when contacted told me to get stuffed (OK, maybe not this last bit).

No commentary. Just what happened. I, for one, would not give business to someone who thought that theft was just fine. But other consumers may not see the issue as a big deal. Consumers need information about businesses to make informed choices. My two cents.

 

[Otter]

that much has been established. You are also very understanding in not wanting to truly 'hurt' the individual, you just want the respect due. Without in any way supporting their actions, in my mind there is a difference between using the photo on a business card and 'selling it' (i.e., direct generation of revenue from the picture).

If they were doing the later, I wouldn't be too compassionate. Since the use of your picture is somewhat tangential to generating the revenue, then I think you are on the right track.

 

[ScubaTexan]

The gentleman may be unfair and unmoral, but I am not.... Not that I don't have to live...but still it's the principal. Ya know what I mean?

I know exactly what you mean. I was just looking out for your well-being. I couldn't care less about his...

 

[justleesa]

I know exactly what you mean. I was just looking out for your well-being. I couldn't care less about his...

Thanks :10:

 

[ScubaTexan]

People just don't get it. I was just recently on Military Leave with My wife in Key West. We went into one of the Local Dive shops..who I will leave nameless. Their Logo is a Blatant Copy of the Tampa Bay Buccaneers Pirate Flag..I bought one of the t-shirts..knowing someday it will be a collectors item.. I can't believe that nobody in Fla. has picked up on it Yet..

Not only will they be in trouble with the Tampa Bay Buccaneers, but with the NFL, as well. Team logos belong to NFL Properties, and they thrive on litigation. It will be like a feeding frenzy in the shark tank.

 

[Curt Bowen]

It is worth at least making the call when it is your images being used - it doesn't cost that much and in a lot of cases you will be shocked how often the publication doesn't even know it was your image (I have a nice long story about an 'agent' selling a friend's image library without giving my friend his cut) or that they were using the image illegally.

Owning a magazine myself I can tell you I have thousands of images come through my office. It is IMPOSIBLE for me or anyone else to know if an image is or is not the property of the person submitting it. Nor do I or any of my staff have the time to double check on any image or illustration.

If the person is dishonest and submits a photo to a publication, it is never the fault of the publication nor should they be blamed for using it.

 

[alcina]

Gotta disagree here. You have an obligation as a publisher to ensure that your articles and artwork are orginal and that the people who submit are on the level. To not do so is attempting to pass the buck and is an appalling lack of responsibility.

To not double check things like copyright is as irresponsible as not checking your facts. Perhaps, this is deemed too much trouble, too?

Justify it however you like, if you print it, it is your responsibility...

 

[Marriard]

If the person is dishonest and submits a photo to a publication, it is never the fault of the publication nor should they be blamed for using it.

I kind of agree here as i understand a publishers positon when it comes to the amount of material they see. This is is why I always offer the publisher the chance to make things right when I find it happens. It can make a bad situation good - the publisher finds out one of their sources is dishonest and stops using them/stops payments to them and I get paid or at least get the opportunity for some additonal image sales in the future. Myself and the publisher also get an opportunity to go legally after the original person who submitted the image as appropriate. I prefer a win for as many people on the right side as possible.

Becasue when it comes down to it - legally the publisher is also responsible.

M

 

[Curt Bowen]

Gotta disagree here. You have an obligation as a publisher to ensure that your articles and artwork are orginal and that the people who submit are on the level. To not do so is attempting to pass the buck and is an appalling lack of responsibility.

To not double check things like copyright is as irresponsible as not checking your facts. Perhaps, this is deemed too much trouble, too?

Justify it however you like, if you print it, it is your responsibility...

Aclina, I'll give you a job checking up on the thousands of photos and illustrations that come through my office. Hope you have lots of extra time and dont need any sleep let alone get a magazine out. I am not responcible nor will I take responcibility for someone who is dishonest and submits faulty materials. If you cannot trust an individual then I hope your not in the publishing business or any type of business where you take the word of a individual as true.

If I catch someone who has submitted faulty material, they will never do business with myself. Plus I will notify all the other dive publications about them.

Sorry, but checking up on every photo is absolutly impossible!!!!