From: Dave Cohen Below is something that effects all of you with pictures on the Web. I wouldn't hesitate to send him a polite E-mail if you feel the need, or if you discover your shots on his site without your permission. Some of you have told me that you already have. If you do find your shots there, and you want them removed, and you don't tell him, he will continue to steal other people's property until he is stopped via someone's legal action someday, and this will promote others to do the same. I don't like the situation, but the sheer quantity of images (it's in the thousands) that this guy stole without permission should make us all take notice of his practices and his web site content. I'd like to help the guy, but read on:
---------- > From: Rick Gardner <[EMAIL PROTECTED]> > To: Dave Cohen <[EMAIL PROTECTED]> > Subject: Re: copyright > Date: Wednesday, January 07, 1998 10:34 PM > > >Hi Rick, > > > >I have received you request for subscription to the SPORRS List, and I > >would like to approve it, however we have some details to work out first. > >Some of my 112 list subscribers are mailing me to tell me that they are > >finding some of their shots on your site without their permission. If they > >contact you to remove them, please comply. And some of them have their > >copyright notice on them. That is a violation of the copyright laws. I > >would suggest that you remove each and every image on your site where you > >don't have written permission from the photographer to avoid future > >conflicts and violations. These violations are enforceable if the > >photographers choose to enforce them. I am not trying to rain on your > >parade, and I do like your site, however we do need to go about this in a > >professional and legal manner. You can always obtain photos with > >permission, and most will give you their permission if you ask for it. > >Downloading someone else's photography from a newsgroup and then reposting > >it is unethical, but downloading someone's images from their own website > >and reusing them in any way without their permission is illegal. Copyright > >notice included or not. I just assume that you had good intentions and > >didn't know at the time. > > > > > >I think you need to add a disclaimer to your site that reads something to > >the effect that any images (remaining) on your site are there with the > >permission of the photographers who shot them (after you remove the ones > >you obtained without permission - and a proper copyright notice must be > >included with each one that remains) to avoid the inevitable legal action > >if you don't do so at this point. I would be courteous and cooperative and > >people will probably be happy to work with you, especially if you tell them > >that you had no bad intentions. We all make mistakes, and I wish to help > >in whatever way that I can, but it is obvious that changes must be made to > >your site at this point. > > > > > >There is no such thing as 'free domain' with someone else's property. > >People download and view stuff from the Web every day for their personal > >use, but they don't repost or reuse it without permission (or problems). > > > >> Don't they see the copyright notice when they arrive at your site? > >If they don't on mine, they see it on or under each image. But I do > >include it, prominently displayed. You need to include something similar. > >For the site, as well as the images that you do not own. I would be happy > >to help you with the wording if you like, I have much experience with these > >matters, and lots of resources to tap. My goal here is to avoid problems > >so that we can all enjoy this mutual hobby together. > > <snip of irrelevant site design discussion> > >> I also understand if you do not want to be linked. > >I don't mind a link if I give permission for it, and currently I am only > >doing that for SPORRS Subscribers. The SPORRS name and logo are > >registered, so I can legally deny their use. I would appreciate a link > >after we work the details (changes) out, and you become a SPORRS > >subscriber. I can then link your site as well if you like, after the > >copyright corrections. > > > >> Take a look at the link page to see how it is structured. > >Looks good, and easy to use, but there is no room for descriptions of those > >links, much less a copyright notice included or next to them. You have > >apparent web design skills, so design improvements can be made to satisfy > >all involved. > > > >I hope you are not taking any of this personally, like I tell my > >subscribers, I wouldn't be overly concerned with this issue, just use > >common sense. If > >a problem comes up, we'll deal with it. Any time you are dealing with > >anyone else where anything changes hands, you are doing business. There is > >no such thing as an interactive hobby that is carefree and free from these > >conditions. > > > >I'll help where I can. Some subscribers are checking your site now for > >more images of theirs. If they ask that they be removed, please do so. > >Thanks. > > > >Regards, > > > >Dave > > > >Dave Cohen > >Photographer > >[EMAIL PROTECTED] > >http://www.anet-stl.com/acphotog > > Dave, > > I have made my position clear. > Inform me of any file that are yours and I will remove them. > Your members or clients should do the same. > I intend to steal from no one. > I will not be the foucus of your witch hunt. > Your are asking me to completely redesign my site a site that brings me no > money. > If you don't think thats what you are asking for you do not know what you > are talking about. > I am young I like many people have a limited amount of time for hobbies and > public service. > I am still not sure what your real foucus is here but you are speaking for > all photagraphers and the reality is that you do not have that right. > > I will remove any files that are identified by the photographer if the > photographer wishes. > So far the number of files in this catagory is 0. > > Bye For Now :-) > > =============================================== > Rick Gardner > [EMAIL PROTECTED] > http://www.trainpage.com > > [EMAIL PROTECTED] > http://www.servsite.com > > [EMAIL PROTECTED] > =============================================== > > -> SPORRS: Serious Photographers of Railroad Related Subjects -> Web Site: http://www.anet-stl.com/acphotog/sporrs
