Copy rite Infringement: I have a person that has copied pages/pictures from my website and included them in an email being very critical of my work. Does this constitute copyrite...

jc0244 Loc: NC

I have a person that has copied pages/pictures from my website and included them in an email being very critical of my work. Does this constitute copyrite infringements? My watermark is on those emailed pictures.

JohnSwanda Loc: San Francisco

jc0244 wrote:

I have a person that has copied pages/pictures from my website and included them in an email being very critical of my work. Does this constitute copyrite infringements? My watermark is on those emailed pictures.

Sounds like kind of a gray area - it could be considered fair use for criticism. At any rate, no money is being made, so you probably have no legal recourse.

JamesCurran Loc: Trenton ,NJ

Copyright law allows for excerpts of the work is criticism. This website expands on the concept http://copyrightuser.org/topics/criticism-and-review/, but the basic idea is, quoting can be done when:

1) The purpose is really for criticism or review
2) The material used is available to the public
3) The reviewer only uses what is needed
4) Credit is given to the copyright holder

#3 is the kicker. How much is really "needed" in an open question.

JamesCurran Loc: Trenton ,NJ

JohnSwanda wrote:

At any rate, no money is being made, so you probably have no legal recourse.

Actually the question isn't how much he made, but how much that author lost (based on people have satisfied their need for the material with what was used in the criticism --- not because after reading the review they are not longer interested in the material)

Indi Loc: L. I., NY, Palm Beach Cty when it's cold.

jc0244 wrote:

I have a person that has copied pages/pictures from my website and included them in an email being very critical of my work. Does this constitute copyrite infringements? My watermark is on those emailed pictures.

Do you have a link we could see where they used yor work?

Morning Star Loc: West coast, North of the 49th N.

Who did he sent the pictures to? If back to you with the critical comments, I would say no, definitely not a copyright infringement.
If to others, with the critical comments, it could still be interpreted as "teaching" and then would not infringe on your copyright.
If you're hurt that someone has dared to criticize your work, get over it.
These days, anything you put on the 'net is fair play, it seems and unless your photos were registered for copyright, I don't believe there's a lot you can do about it.

BTW, the word is 'copyright' - a rite is a synonym for ritual.

You might want to put http:// in front of your website listing in your profile because it gives a 404 error when clicked on.

RichardSM Loc: Back in Texas

Please use Quote Reply so we all know who your addressing; thank you

Morning Star wrote:

Who did he sent the pictures to? If back to you wi... (show quote)

Moles Loc: South Carolina

I think your better course of action is libel.

Morning Star Loc: West coast, North of the 49th N.

RichardSM wrote:

Please use Quote Reply so we all know who your addressing; thank you

You're welcome!
Am I allowed the occasional slip of the fingers? Or mouse in this case? I had actually clicked, or so I thought, on the 'Quote Reply' button, but obviously missed it.

1. If you actually read what I wrote, I believe it is quite obvious who I was addressing.

2. If you look over some of my previous postings, you'll find that not only do I usually use 'Quote Reply', but if I only respond to one item in a large posting, I will even cut away a lot of that large posting so that it is obvious what I'm replying to.

OP, my apologies for interrupting your thread with this - I promise this is my last post on this interruption as it has nothing to do with your question.

RichardSM Loc: Back in Texas

I know you use Quote Reply. But lots of folk (Uhh) like to know who you are commenting on.

Morning Star wrote:

You're welcome! br Am I allowed the occasional sli... (show quote)

JamesCurran Loc: Trenton ,NJ

Moles wrote:

I think your better course of action is libel.

Nope, nearly impossible.

First, he would have to prove that the criticism is factually wrong. Having a bad opinion of someone isn't enough.

Second (at least under US law), he would have to show damages -- that the criticism actually cost (or lost) him money.

JamesCurran Loc: Trenton ,NJ

JamesCurran wrote:

Actually the question isn't how much he made, but how much that author lost (based on people have satisfied their need for the material with what was used in the criticism --- not because after reading the review they are not longer interested in the material)

Having now seen jc0244's website, I can clarify this a bit.

On his site, jc0244 posted watermarked versions of his photos, which he uses to sell (non-watermarked) prints of those photos.

Since jc0244 gains nothing monetarily from someone view the watermarked photos, proving that he's lost something by someone view them in an email would be nearly impossible.

And remember, it's the effect of the use of the image -- not the criticism attached to it --- that's at issue.

JohnSwanda Loc: San Francisco

JamesCurran wrote:

Actually the question isn't how much he made, but how much that author lost (based on people have satisfied their need for the material with what was used in the criticism --- not because after reading the review they are not longer interested in the material)

Just try to find an attorney interested in taking the case on that basis.

Kingmapix Loc: Mesa, Arizona

Absolutely, but hard to enforce.

jc0244 Loc: NC

Thanks for all the good comments and advice. I decided to remove the gallery so there's no further room for this person to post her rants in email.