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Copyright infringement
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Nov 27, 2015 18:31:36   #
colo43 Loc: Eastern Plains of Colorado
 
Every year about this time, my Deer- Cat photo gets sent around the web. My son stated that hes seen it again within the last few days. I expect people think it is fitting for the Christmas season.

Hence today i decided to do a search for it- But not to view it, But to see if per chance someone was using it to benefit from sales off of it.

It did not take me long to find it on " Zazzle" with some woman in PA using it sell her cups and mugs and what ever else she would benefit from selling with said photo.

i immediately sent off a email to Zazzle's customer service dept asking for info on the party so i could contact her. And to cease selling her articles with my photo on them or i will be holding them liable as well .

As of 4:24pm, there is still no word from them. If i do not hear anything within a few days- i will be speaking to a lawyer about it.

So the point i am making is: If you have a winner that you snapped and people are tripping over the picture- you had better start checking around for your photo to make certain its not benefiting some one else's wallet.

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Nov 27, 2015 19:09:20   #
oldtigger Loc: Roanoke Virginia-USA
 
[quote=colo43...It did not take me long to find it on " Zazzle" with some woman in PA using it sell her cups and mugs and what ever else she would benefit from selling with said photo.
...As of 4:24pm, there is still no word from them. If i do not hear anything within a few days- i will be speaking to a lawyer about it.
...[/quote]

she has lots and lots of familiar images, i doubt you will hear anything

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Nov 27, 2015 19:13:17   #
colo43 Loc: Eastern Plains of Colorado
 
oldtigger wrote:
she has lots and lots of familiar images, i doubt you will hear anything


indeed there are alot of Deer photos but there is only one of mine . I am sure a lawyer will make headway if i don't. The Zazzle site had been told which picture, with listing name the seller had used, also the sellers name and the business name.
:)

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Nov 27, 2015 19:17:16   #
BHC Loc: Strawberry Valley, JF, USA
 
colo43 wrote:
Every year about this time, my Deer- Cat photo gets sent around the web. My son stated that hes seen it again within the last few days. I expect people think it is fitting for the Christmas season.

Hence today i decided to do a search for it- But not to view it, But to see if per chance someone was using it to benefit from sales off of it.

It did not take me long to find it on " Zazzle" with some woman in PA using it sell her cups and mugs and what ever else she would benefit from selling with said photo.

i immediately sent off a email to Zazzle's customer service dept asking for info on the party so i could contact her. And to cease selling her articles with my photo on them or i will be holding them liable as well .

As of 4:24pm, there is still no word from them. If i do not hear anything within a few days- i will be speaking to a lawyer about it.

So the point i am making is: If you have a winner that you snapped and people are tripping over the picture- you had better start checking around for your photo to make certain its not benefiting some one else's wallet.
Every year about this time, my Deer- Cat photo get... (show quote)

Did you register your copyright with the Copyright Office?

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Nov 27, 2015 19:22:35   #
colo43 Loc: Eastern Plains of Colorado
 
Mogul wrote:
Did you register your copyright with the Copyright Office?


This was taken back in 2008 and i was told at the time, i did not have to register.

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Nov 27, 2015 19:28:43   #
BHC Loc: Strawberry Valley, JF, USA
 
colo43 wrote:
This was taken back in 2008 and i was told at the time, i did not have to register.

You were told wrong!

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Nov 27, 2015 19:32:37   #
colo43 Loc: Eastern Plains of Colorado
 
Mogul wrote:
You were told wrong!


i was told by my Forensic police officer friend that my photo was CW for 18 years with out my doing a thing to register it.

also i was approached earlier this summer by readers
digest for the use of my photo ( without mention of a registered CW) But we could not come to terms.

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Nov 27, 2015 19:42:13   #
DirtFarmer Loc: Escaped from the NYC area, back to MA
 
Not a lawyer, but it's my understanding that if you took the photo you own the copyright. However, if you don't register the copyright it makes it harder to win a court case. Harder means more money for the lawyer.

The best way to avoid copyright infringement is to keep the best images offline.

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Nov 27, 2015 19:49:17   #
colo43 Loc: Eastern Plains of Colorado
 
DirtFarmer wrote:
Not a lawyer, but it's my understanding that if you took the photo you own the copyright. However, if you don't register the copyright it makes it harder to win a court case. Harder means more money for the lawyer.

The best way to avoid copyright infringement is to keep the best images offline.


agree'd with you.
:thumbup:

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Nov 27, 2015 21:01:49   #
chaman
 
Its a beautiful picture. I hope you have justice done. I would do the same. That site is making tons of money with something that does not belong to them! You saw those prices?! Damn!

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Nov 27, 2015 21:09:25   #
anotherview Loc: California
 
Ditto: "Not a lawyer, but it's my understanding that if you took the photo you own the copyright. However, if you don't register the copyright it makes it harder to win a court case. Harder means more money for the lawyer."
DirtFarmer wrote:
Not a lawyer, but it's my understanding that if you took the photo you own the copyright. However, if you don't register the copyright it makes it harder to win a court case. Harder means more money for the lawyer.

The best way to avoid copyright infringement is to keep the best images offline.

Reply
 
 
Nov 27, 2015 21:12:11   #
colo43 Loc: Eastern Plains of Colorado
 
chaman wrote:
Its a beautiful picture. I hope you have justice done. I would do the same. That site is making tons of money with something that does not belong to them! You saw those prices?! Damn!


There are so many dishonest sites and or businesses in this day and age and it makes a person sick.
:(

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Nov 27, 2015 21:13:35   #
Apaflo Loc: Anchorage, Alaska
 
chaman wrote:
Its a beautiful picture. I hope you have justice done. I would do the same. That site is making tons of money with something that does not belong to them! You saw those prices?! Damn!

You own the copyright, whether it is registered or not... However, you cannot bring a civil action for infringement until you do actually register the copyright. But the real problem is that you cannot win statutory damages for infringement that occurred prior to it being registered.

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Nov 27, 2015 21:14:57   #
colo43 Loc: Eastern Plains of Colorado
 
Apaflo wrote:
You own the copyright, whether it is registered or not... However, you cannot bring a civil action for infringement until you do actually register the copyright. But the real problem is that you cannot win statutory damages for infringement that occurred prior to it being registered.


i've done a bit of reading since i posted this to the forum. Thank you.

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Nov 27, 2015 21:18:32   #
anotherview Loc: California
 
Thanks for clarifying the matter in plain terms.
Apaflo wrote:
You own the copyright, whether it is registered or not... However, you cannot bring a civil action for infringement until you do actually register the copyright. But the real problem is that you cannot win statutory damages for infringement that occurred prior to it being registered.

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