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Copyright infringement
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Nov 27, 2015 21:22:50   #
colo43 Loc: Eastern Plains of Colorado
 
anotherview wrote:
Thanks for clarifying the matter in plain terms.


i hope all that read this thread benefit from it, before their work gets legs too.
:)

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Nov 27, 2015 21:42:53   #
PhotoMan1929 Loc: Virginia, USA
 
colo43 wrote:
This was taken back in 2008 and i was told at the time, i did not have to register.


As Mogul stated, you were told WRONG. Nevertheless, registered or not, are you ready and able to spend the huge sums of money to pursue an action for infringement in Federal Court? You cannot do so on your own. You would need an attorney skilled in copyright law, and they do not come cheap.

I have often stated that copyright is for the big boys, Stephen Spielberg, Time-Warner, Houghton-Mifflin publishers, etc. The little guy is out of the game. Anything you publish to the web is a gift to the world.

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Nov 27, 2015 21:52:57   #
colo43 Loc: Eastern Plains of Colorado
 
PhotoMan1929 wrote:
As Mogul stated, you were told WRONG. Nevertheless, registered or not, are you ready and able to spend the huge sums of money to pursue an action for infringement in Federal Court? You cannot do so on your own. You would need an attorney skilled in copyright law, and they do not come cheap.

I have often stated that copyright is for the big boys, Stephen Spielberg, Time-Warner, Houghton-Mifflin publishers, etc. The little guy is out of the game. Anything you publish to the web is a gift to the world.
As Mogul stated, you were told WRONG. Nevertheless... (show quote)


Thank you for your input.

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Nov 27, 2015 22:05:08   #
Apaflo Loc: Anchorage, Alaska
 
colo43 wrote:
Thank you for your input.

Trust that PhotoMan1929 had some very good input too! You can get an IP lawyer to tell you essentially the same thing... at $300+ an hour.

On the other hand, the Digital Millennium Copyright Act (DMCA) might do you some good. Use Google to search for "DMCA" for information, and what you can do is get any web display of your images removed. The DMCA ultimately has something more powerful than copyright too, because copyright infringement is purely a civil matter. The DMCA provides criminal penalties for actions such as removing a copyright notice on an image.

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Nov 27, 2015 22:09:02   #
anotherview Loc: California
 
Registering photographs costs very little and involves very little hassle, so I hear.

In addition, I hear that a photographer can register photographs in a batch for a lower cost per photograph.

Could somebody with experience in this process please speak to it.

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Nov 27, 2015 22:13:06   #
colo43 Loc: Eastern Plains of Colorado
 
Apaflo wrote:
Trust that PhotoMan1929 had some very good input too! You can get an IP lawyer to tell you essentially the same thing... at $300+ an hour.

On the other hand, the Digital Millennium Copyright Act (DMCA) might do you some good. Use Google to search for "DMCA" for information, and what you can do is get any web display of your images removed. The DMCA ultimately has something more powerful than copyright too, because copyright infringement is purely a civil matter. The DMCA provides criminal penalties for actions such as removing a copyright notice on an image.
Trust that b PhotoMan1929 /b had some very good ... (show quote)


Thank you- i had found the DMCA information and am reading through it.

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Nov 27, 2015 22:13:26   #
Ol' Frank Loc: Orlando,
 
Yes please. Keep us informed about how this plays out as all of us have certain photos that could be used by someone else. I would like to know about this.

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Nov 27, 2015 22:14:56   #
colo43 Loc: Eastern Plains of Colorado
 
anotherview wrote:
Registering photographs costs very little and involves very little hassle, so I hear.

In addition, I hear that a photographer can register photographs in a batch for a lower cost per photograph.

Could somebody with experience in this process please speak to it.


I had been told that a while back, looking thru the Gov. site for copyright info and had down loaded a form and also some PDF's pertaining to it.

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Nov 27, 2015 22:15:55   #
colo43 Loc: Eastern Plains of Colorado
 
Ol' Frank wrote:
Yes please. Keep us informed about how this plays out as all of us have certain photos that could be used by someone else. I would like to know about this.


I will Frank, the info will benefit us all.

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Nov 27, 2015 22:56:53   #
BHC Loc: Strawberry Valley, JF, USA
 
colo43 wrote:
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.

Perhaps you should do a bit more research for yourself. You own the copyright as long as you live and do not sell or give it away. Registration merely provides you with better legal proof that you are indeed the owner of that copyright. Your police officer friend has no idea what he is saying. As to Readers Digest, they would prefer that your pictures not be registered; they don't have to worry about giving proper credit if you have only incidental and/or undocumented proof that your unpublished photos are really yours. Registration is not mandatory; it is a purely voluntary step that YOU take to protect yourself. Anyone selling pictures owes it to themselves and their heirs to learn more about federal and international copyright law, including the implications of the Berne Convention (as amended).

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Nov 28, 2015 01:59:52   #
n3eg Loc: West coast USA
 
colo43 wrote:
Every year about this time, my Deer- Cat photo gets sent around the web.
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 know two other people who have had copyright problems with Zazzle. One sued and won a small settlement and free mugs for 25 years. Good luck.

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Nov 28, 2015 02:27:14   #
BHC Loc: Strawberry Valley, JF, USA
 
colo43,

May I suggest that you read and initiate the following. You may do so before consulting an attorney, which will save you the cost of having the attorney do the same thing as on of his first steps.

http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/

SAMPLE DMCA TAKE DOWN NOTICE

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Nov 28, 2015 05:54:32   #
bcmink Loc: Monona, WI
 
Copyrights and Patent protection are only as good as your ability to pay an attorney to litigate the issue. I've been in this predicament several times and frankly gave up because my pockets were not deep enough to effectively use the courts to enforce my legal right to a patent. So, in your case if you hit a brick wall hire an attorney to at least open the door and make a threat and see where it goes. In my experience negotiating as an unrepresented individual was useless.

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Nov 28, 2015 06:38:37   #
billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont
 
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)


As soon as you send any photo to the web, you can kiss it good bye. Go ahead, get a lawyer, he will be very happy to take your money. How much to you want from the woman in PA? What will be the lawyer fees? Do you just want her to stop using your photograph or do you want money? If you just want her to take the photo down then you must consider how much the lawyer will cost. If you want money from this gal in PA, good luck. If it were me, you don't post any photo you don't want to loose. This happens every day, 24/7. GOOD LUCK. Sorry your photo was used without your permission.

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Nov 28, 2015 07:11:30   #
Horseart Loc: Alabama
 
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.[/quote]

I see that picture all over the internet Marilyn, sadly with the people who post it, saying that it's theirs. That just stinks!!!! I always let them know in front of everyone that I know the real owner of that photo. You can prove the photo is yours. There is an easier way than paying a big price to register a LOT of copies. I'll email you on case you may need that info and don't already have it.

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