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Copyright infringement
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Nov 28, 2015 07:23:04   #
colo43 Loc: Eastern Plains of Colorado
 
Mogul wrote:
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they don't have to worry about giving proper credit if you have only incidental and/or undocumented proof that your unpublished photos are really yours.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).
Perhaps you should do a bit more research for your... (show quote)


Thank you.

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Nov 28, 2015 07:26:18   #
colo43 Loc: Eastern Plains of Colorado
 
n3eg wrote:
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.


Sites like Zazzle need to be shut down.
Any business that sells knowing There is an issue with Copyright infringement is as guilty as the party using someones photos illegally for their purpose.
Thank you for the info.

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Nov 28, 2015 07:27:18   #
nikon_jon Loc: Northeast Arkansas
 
colo43 wrote:
This was taken back in 2008 and i was told at the time, i did not have to register.


You do if you are going to pursue it legally. You still can and should before you proceed with an attorney.

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Nov 28, 2015 07:28:35   #
colo43 Loc: Eastern Plains of Colorado
 
Mogul wrote:
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


Thank you, Mogul.

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Nov 28, 2015 07:29:49   #
colo43 Loc: Eastern Plains of Colorado
 
bcmink wrote:
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.


Isn't that sad!
Thank you for your input.

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Nov 28, 2015 07:31:12   #
colo43 Loc: Eastern Plains of Colorado
 
Horseart wrote:
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.


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.[/quote]

Thank you Jo.
I would welcome the information..
:thumbup:

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Nov 28, 2015 07:40:16   #
RJM Loc: Cardiff, S Wales, UK
 
No mention if you had the words Copyright or logo on the photo.

If not, how are viewers to know whom it belongs and if they can use or not?

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Nov 28, 2015 07:49:24   #
colo43 Loc: Eastern Plains of Colorado
 
nikon_jon wrote:
You do if you are going to pursue it legally. You still can and should before you proceed with an attorney.


thanks Jon,
i am giving it serious thought at this time.

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Nov 28, 2015 07:51:18   #
colo43 Loc: Eastern Plains of Colorado
 
RJM wrote:
No mention if you had the words Copyright or logo on the photo.

If not, how are viewers to know whom it belongs and if they can use or not?


At that time, i was very new to photography and did not apply a logo or a copyright .

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Nov 28, 2015 07:52:13   #
drmarty Loc: Pine City, NY
 
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.


:thumbup:

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Nov 28, 2015 07:59:27   #
Kennybob712 Loc: West Chester, PA.
 
Does each individual image have to be registered or just the copyright name?

Also, is the artists' unique copyright logo reqired on each image posted?

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Nov 28, 2015 07:59:43   #
colo43 Loc: Eastern Plains of Colorado
 
drmarty wrote:
:thumbup:


How true that is!
:)

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Nov 28, 2015 08:01:35   #
colo43 Loc: Eastern Plains of Colorado
 
Kennybob712 wrote:
Does each individual image have to be registered or just the copyright name?

Also, is the artists' unique copyright logo reqired on each image posted?


i am not sure about the registration of photo(s)
cost per @
or bulk..
things i will look into.

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Nov 28, 2015 08:14:10   #
dcampbell52 Loc: Clearwater Fl
 
anotherview wrote:
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."


Copyright and the right to use start at the moment of the click of the shutter. Your camera and date and time record that on the image in the metadata. At that point, your first responsibility is to make sure that the front of any image has copyright clearly marked on the image (in such a way that the image must be altered to display it without the notice). Having said that, not registering the copyright ONLY gives you the right to demand that the image be removed from any use and form that it is being used on without your permission, HOWEVER, money can not be recouped for use prior to notice but can be received from the point the offending party has been notified that they are illegally using the image. This is why you should ALWAYS notify an offender via registered or certified mail with a return receipt. The date on the return receipt marks the date you can start your lawsuit for money. The burden of proof on ownership is on the person claiming ownership and the user can NOT claim lack of knowledge. Cease and desist is your best / easiest solution. However, it is ALWAYS a good idea to send the letters using legal representation. A certified cease and desist letter from an attorney is always going to get more notice than one from some unknown photographer. Also, while it is closing the barn doors after the cows got out, you should go ahead and register your copyright on the photo.

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Nov 28, 2015 08:20:17   #
ronichas Loc: Long Island
 
i would like to suggest, members here blast her with comments, share on fb, etc, that she is using copyright images that are not hers.

maybe, just maybe, she will realize this is a huge issue and will stop doing this. i have just posted a comment. if you want to do this, you do have to join zazzle to post a comment. i will also post this on fb!

anyone else with me????

http://www.zazzle.com/totallypaanimals/comments

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