Re: copyright on images

[petermarshall@xxxxxxxxx (Peter Marshall)]

Don

I don't think sites can actually disclaim responsibility, though they will 
doubtless try to do so. 

However if it is on their web site they are the publishers of the material 
and are thus almost certainly liable, rather than the individuals. Of 
course going to court  against large companies is seldom useful, though if 
there is some small claims procedure it might be worth it.

Peter Marshall
Photography Guide at About          http://photography.about.com/
email: photography.guide@xxxxxxxxx
_________________________________________________________________
London's Industrial Heritage: http://petermarshallphotos.co.uk/
The Buildings of London etc:  http://londonphotographs.co.uk/
Also on Fixing Shadows:       http://www.people.virginia.edu/~ds8s
and elsewhere......

> Peter Marshall wrote:
> 
> > > When my web site was developed I was informed by the webmaster that 
> > > the
> > > copyright 'c'  on my images was not necessary, as they were low res 
> > > and
> > > nothing could be done with them. Contrary to this statement, one of 
> > > my
> > > images was moved to Amazon.com & Ebay.com auction sites and used in
> > > such a manner as to imply that the image was taken with a Horizon 
> > > 202
> > > 35mm. My image was shot with a Roundshot 70mm. My site is currently
> > > undergoing a major overhaul and will have copyright on all images. 
> > > Fred
> > > Yake
> > >
> >
> > Your image is copyright whether or not you indicate it as such, and 
> > you
> > should claim normal usage fees from both Amazon and Ebay. Send a 
> > normal
> > invoice to both of them stating their exact use. I'd include a 
> > covering
> > letter making it clear that their use was unauthorised and that you 
> > will
> > agree not to sue them if they pay without delay.
> >
> > If you had registered your copyright in the images you would be able 
> > to
> > claim more in the US, though I don't think it has any effect 
> > elsewhere in
> > the world.
> 
> The problem, of course, with these auction sites is that the image was 
> more
> than likely pirated by an individual for use in his auction and not by 
> the
> corporate entities themselves.  These auction services will disavow any
> knowledge or complicity in this theft.  You will have to go after the
> individual placing  the ads and using your image.  The prospects for any
> remuneration are fairly dim I believe.  You might scare him into never 
> doing
> 
> it again.
> --
> --
> ============================================================
>    Don Roberts * Bittersweet Productions * Iowa City, IA
>                    *                                         *
>    History is the today of another age...peopled by the you
>    and I of another time...living lives not unlike ours on
>    another level of eternity's spiral. -- Lewis C. Debo
> ============================================================
> 
> 
> 
>