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----- Original Message -----
From:
anton huang
To: Discussion of aroids
Sent: Friday, July 06, 2007 5:32 AM
Subject: Re: [Aroid-l]
Copyrightëayvice
Dear all aroiders, My personal opinion, i think
for personal protection of our photos,pictures, illustrations or anything
that we want to publish it online, we should put watermark (logo of your
company, or your name) into it. So when people start using it, they know it
belongs to who..(or even put your email in it). That's my suggestion. I hope
it help. Kind
regards, Anton
> Date: Tue, 3 Jul 2007 11:47:07 -0400> From:
tony@plantdelights.com> To: aroid-l@gizmoworks.com> Subject: Re:
[Aroid-l] Copyrightëayvice> > Aroiders:> >
It's been discussed before, but stolen photos used on the web are >
governed by the DMCA (Digital Millenium Copyright Act). It does work >
since I know of entire websites that have been shut down for using >
copyrighted photos. You'll find this link an interesting read. >
http://en.wikipedia.org/wiki/DMCA> > Tony Avent> Plant
Delights Nursery @> Juniper Level Botanic Garden> 9241 Sauls
Road> Raleigh, North Carolina 27603 USA> Minimum Winter Temps
0-5 F> Maximum Summer Temps 95-105F> USDA Hardiness Zone
7b> email tony@plantdelights.com> website
http://www.plantdelights.com> phone 919 772-4794> fax 919
772-4752> "I consider every plant hardy until I have killed it
myself...at least three times" - Avent> > > >
Wayne wrote:> > This topic has been interesting. I had not
considered how valuable > > photos are considered until Alan posted
he was removing pictures from > > his site because people were
copying them. I think listing a link to a > > site in an auction
should be OK, as most people publish to the web > > with the intent
to generate traffic, the more the better.> > But I don't see how
Ebay can get in the middle of a dispute of who > > owns a picture.
It sounds like I can shut down anybody's auction by > > emailing
Ebay and claiming the photo is mine?> > Wayne> >>
> ----- Original Message -----> > *From:* Michael Mahan
> > *To:* 'Discussion of aroids'
> > *Sent:* Monday, July 02,
2007 11:04 AM> > *Subject:* [Aroid-l] Copyrightëayvice>
>> > You are right ! My posting was not meant a Legal Advice to
Anyone.> > Just a way to inform the members how to stop people
selling on> > Ebay from using anyone’s photo’s . It was explained to
me that> > Ebay could be exposed for a class action if they did not
address> > the problem (agin this is not legal advice ) & they
figured out> > how to make some cash by doing what they are now
doing while also> > protecting themselves at the same time with the
new policy of> > removing the offending auctions without refunding
the listing> > fee’s . As Michael Pascall pointed out the bromeliad
folks are way> > on top of their images as they should be as their
data base is> > huge with some Very fine photo’s of some really rare
plants> > Michael Mahan (who is not a lawyer & not offering any
legal advice> > to anyone )> >> > *From:*
ted> > *Subject:* [Aroid-l] Copyright> >>
>> > First, please understand that I am NOT a lawyer. I am
assuming> > that others who have opinions on this and contribute to
this list> > are also not lawyers. Why that is important is that if
you are not> > a lawyer, your opinion weighs in a lot less,
especially if you are> > attempting to offer legal advice. At the
very least, your opinion> > carries no weight. Worse, you might lead
someone astray if they> > try to follow your advice. Worst of all,
you may run afoul of laws> > about practicing law without a license.
Just keep in mind where> > you stand.> >> >
Second, understand that Steve is right about what a copyright> >
allows you to do. It allows you to bring a court action. It does> >
not mean you are going to win. It also does not mean you will be> >
able to collect even if you do. This is just one of those hard> >
things you need to know these days.> >> > So, what if
someone uses your image without your consent? OK, you> > cough up a
couple of thousand for a lawyer as a retainer and an> > advance on
expenses. Then the lawyer has to track down the> > offender, which
may be difficult. Then the suit needs to be filed,> > making claims.
What are the claims for a guy stealing your image> > for e-Bay? If
the item sells for $50, let us say, you might be> > able to argue
that your image raised his selling price by $10? Is> > that fair?
Maybe, if you're lucky, you get the whole $50 at stake.> > Then you
might try for court costs or some sort of pain and> > suffering.
Hmm. Maybe your original $2000 plus $50. This is small> > claims
territory. And even if you get a judgment, how are you> > gonna
collect? More legal hassles.> >> > I think you see what I
am getting at. Sometimes it's not worth the> > trouble. It's one
thing to sue a deep pockets offender like> > General Motors. It's
quite another to sue some lowlife bum who> > steals a picture off
the internet. I'm glad e-Bay has the policy> > described because I
don't think there are many other options.> >> > So, where
does that get us? It gets us back to Steve's other> > statement.
It's a matter of courtesy and common decency to ask> > first and
make the proper attribution. Decency? Courtesy? When was> > the last
time those came up? Put me down as an old fashioned guy> > who still
believes in doing the right thing. Remember, I am not a> >
lawyer.> >> > Ted.> >> >
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