Masterly, very masterly.
At 12:13 AM 10/17/99 -0500, you wrote:
>On 16 Oct 99, 22:20, kae422 wrote:
>
> > I happened upon a web site today and saw MY pictures
> > posted there -- with the woman claiming they are of her.
>
>Of her? Are we speaking of photos of you? Are the photos your
>intellectual property, whereby you created them with some minimal
>creativity? Did you aid or direct the photographer in taking these
>pictures?
>
>Copyright protection is available only for "original" works that are
>"fixed" in a "tangible medium of expression".
>
> > I called the phone number listed on her website and
> > left a message for her to remove them within 48 hours.
> >
> > I followed that up with an email directing her to
> > the section of her web site and which pictures there
> > were MINE and repeated the removal request.
>
> > now what are my options ??
>
>We need more information. We would need to see your site first; then
>her site. We would need to determine if your pictures qualified as a
>copyright work. It would not necessarily need be formally registered
>with the Federal Copyright Office of the Library of Congress, but you
>would be in stronger position had you done that. A copyright arises
>upon the creation of an original work. However, if some other party
>snapped your picture and you uploaded it to your site, we are in a grey
>area of the law. On the other hand, the design of the web page with
>the picture in place can be construed as your copyright. Your web page
>itself, may place you in stronger position than the photos or pictures
>by themselves.
>
>What notices do you have on your site? Do you have any notice of
>copyright, i.e. "(c) Copyright [Owner] 199X. All Rights Reserved. This
>publication, in whole or in part, may not be reproduced, stored in a
>computerized, or other retrieval system or transmitted in any form, or
>by an means whatsoever without the prior written permission of [Owner]."
>
>When was the time of creation of these pictures in relationship to the
>time you uploaded them to the site?
>
>As to her site, how exactly is she using these pictures? Can she
>legitimately claim "Fair Use" of those pictures? You said she is
>claiming those pictures are hers? Is she claiming a photo of yours is
>a photo of herself? I should think any lying on her part would negate
>any chance of her claiming "fair use" of the pictures. Still, I would
>want to see her site.
>
>So then, if you can claim copyright and she has not rightfully used
>your copyrighted material, then you may have grounds for a law suit.
>Can you afford an attorney? Is this woman making money from the use of
>your pictures? If yes, and the amount is significant, then your
>attorney may accept the case on a contingency basis. If the woman's
>site is not making much money using your pictures, your attorney may
>require you to pay his fee until judgement is rendered. And often when
>an infringer of copyrights are adjudged guilty and they are found to
>have not made any significant money from the infringement, the courts
>generally just issue a cease and desist order and not a monetary
>judgement in your favor. No blood from the turnip and you pay the
>attorney.
>
>Patti, read the following seven pages on copyright law and I think you
>will be in a better position to determine if it's time for an attorney
>or time to cool off.
>
>http://www.freeadvice.com/law/570us.htm
>
>Alan
>[EMAIL PROTECTED]
