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Discussion in 'Off Topic' started by Rolla95, Mar 13, 2005.

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    Rolla95 Rollin' Out y0

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    e_andree E

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    Yeah, thats superflyrolla.....ice and all.

    And no, theres nothing he can do about them using his pics.

    [IMG]
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    Denver Rolla 98 impreza

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    actually there is. it just depents on who took the pictures. the photographer has the copyright to the pictures even if they are not labled as his. unless andys took the pictures then hes screwed.
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    e_andree E

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    Superflyrolla took those pics...if he didnt go through the process to copyright those pictures, he has no legal case. Those pics are available b/c of the Fair Use Act.

    Now, if Superflyrolla had copyrighted them, he would have a case since that company is getting financial gain from pics that arent theirs.
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    Denver Rolla 98 impreza

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    intellectual copyright laws bud. its his property he took them. even if he did not go through the governmental hooplaw of getting it done. just trust me.

    Copyright protection arises automatically when an "original" work of authorship is "fixed" in a tangible medium of expression. Registration with the Copyright Office is optional
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    vortex Well-Known Member

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    ok - too much lawyer like talk... stop it! lol
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    Denver Rolla 98 impreza

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    sorry I have a degree in photojournalism and that was from one of my textbooks
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    Rolla95 Rollin' Out y0

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    heh...either way...people should ask permission if they wanna use somebody else's pictures...
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    Denver Rolla 98 impreza

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    e_andree E

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    Sorry, but YOU are wrong. One of the things I actually paid attention to in college.

    And its cool that you copy and pasted that from the internet, but it doesnt apply to what we're talking about. Now, lets add the part that you left out, which DOES apply to what we're talking about.

    "Registration with the Copyright Office is optional, but allows you to collect attorney's fees and statutory damages (a valuable right when actual damages are hard to prove) for any infringement that commences after the registration.

    You will have to register your copyrighted work, however, before you can file an infringement law suit."


    UNTIL you register your images to copyright, you have NO LEGAL RECOURSE. And any monetary gain that that company received BEFORE you registered to copyright your material, is NOT disputable.

    Yeah, he can copyright those pics, and then tell them that the images are copyrighted, and they'll have to take em down. But only because they are using them for financial gain.

    Now, lets add some more from that site:

    So why register my copyright?
    For several reasons:

    First, you can't even start a law suit until you have registered your copyright in your work.
    Second, if someone copied from you before you registered your copyright, your remedies in court are more limited. You can still try to get a court order requiring them to stop copying. But if you want money damages, you have a more difficult path if your copyright wasn't registered beforehand. You can get your "actual damages" -- but it is often difficult to prove how many sales you would have had if the copying hadn't occurred.
    When someone copies from a work that has previously been registered with the copyright office, on the other hand, that person may have to pay up to $100,000 for each willful infringement, plus the copyright holder's attorney's fees. These "statutory damages" do not require proof of any actual losses, and they are not available if the copying took place before the copyright is registered.
    And one final reason for registering a copyright is that registration may well deter someone from copying in the first place.


    Until they are registered for copyrighting, the "borrower" is protected under the Fair Use Act. And watermarking them isnt protecting your images either.

    And here is the site that you took that QUOTE from:
    http://www.wiredsafety.org/law/copyrights/register.html

    And I have a degree in Telecommunications. What school did ya go to?
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    vortex Well-Known Member

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    :eek:

    see i like my resolution - you use my pics to profit w/o my permission, i'll just knock your server off the internet... -- done --
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    Rolla95 Rollin' Out y0

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    lol, thats a good method....
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    Denver Rolla 98 impreza

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    Actually I coppied that out of one of my photojournalism textbooks.

    I have a degree in photojournalism from metrostate here in denver and one in computer science from CU boulder.
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    e_andree E

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    Nice. Are you currently in that field?

    Well, it doesnt matter where ya got it from. Its all statutes anyways, so the wording will be exact. But ya didnt include the vital parts of the information....so, like I said before....his pics arent copyrighted, so theres nothign he can do about.

    If he doesnt want people using his pictures, he can copyright them, or not post them on the internet.
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    e_andree E

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    And thus breaking more laws than the person you are lashing out at?
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    Denver Rolla 98 impreza

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    didn't feel I had to, but yes he will have to formaily copyright his pictures before he files a suit. but have we talked to him are we shure that he didn't give them permission to use his pictures. because if he did than we are both wrong on this whole thing.

    I did computer securties (whitehat) at qwest communications for 2 years untill I got laied off.

    and here is my text book for you just to clear up any copyright legalitys

    photojournalism by Fred S. Parrish
    2002 by Wadsworth Thomas learning

    so there you go
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    e_andree E

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    Well, this has all be under the assumption that he hasnt given permission.

    If he has given permission, that doesnt make my argument wrong. Just doesnt pertain to his situation in that case.
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    Denver Rolla 98 impreza

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    look dude theres a reason I didn't become a lawyer, I don't like to argue, let's just say that we are both right we are both proving the same point that they should have asked permission before they used his pictures and that he will need to have them copyrighted before he goes to court. and all this is assuming that he didnot give them permission to use his pictures.

    I'm not on this site to make enimes. I jut want to talk about cars and things like that... not law
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    e_andree E

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    Okay, but you were first to say that I was wrong.

    I said he had no legal case...and you tried to prove me wrong, and you didnt.
    You told me to trust you, and ya called me bud ;)

    So, like I said in my first post....if hes upset that his pics are being used, theres nothing he can do about it, unless he registers them with the copyright office. And once he registers them, these companies will have to take down his pics.

    This topic comes up every few weeks, because someone finds a members pic on a website, on ebay, etc. And yeah, ethically they SHOULD ask for permission, but they dont HAVE TO.
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    Denver Rolla 98 impreza

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    ok i wil subside. your orignal point was that he han absolutly no case. i was just stating that he did. yes I went about it the wrong way not putting all the infromation in, but he does have some kind of a case providing he gets them copyrighted first.
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    e_andree E

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    Ok. As of right now, he has no case.

    Copyright them with the copyright office, and if they keep using the pics after that is approved, he has a case.

    Cool.
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    Denver Rolla 98 impreza

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    NRM NRDADDY > YOU

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    Jeez Denver. You should just give in. You said something that you couldn't back up and you used the rest of your posts to prove your credibility by what classes you've taken and what books you've read. andree is right, he can't do anything about it especially if he doesn't go through the government "hooplaw" like you said. And the most that he can do if he went through all this mumbo jumbo is get the picture taken down.

    You aren't both right cause you're both saying two different things. andree is right. And I always think it's funny when someone tries to prove their credibility AFTER they've been proved wrong and stated what they wanted to state. Learned that in speech class (see what I mean?).

    .::Edit::.
    Whoops... didn't see the second page, sorry guys.
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    e_andree E

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    Its all good. Points were proven.
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    TurismoDreamin ΓΡΗΓΟΡΟΣ ΟΔΗΓΟΣ

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    Doesnt look like Superflyrolla noticed yet.....he hasnt posted here yet at least...someone should spread the word...
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    e_andree E

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    He hasnt been on since the thread was started....he'll see it.
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    Rolla95 Rollin' Out y0

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    im sure he'll notice it sooner or later
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    fastrolla96 speedbumps..yum

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    LOL man that sucks for him. I'm one of the lucky guys that still doesn't have stolen pics. Man alot of you guys should be my lawyer when I'm in trouble or something. You guys sounds like you know your law well.
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    Cuztomrollaz98 MAD VLAD!

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    AMEN!
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    Denver Rolla 98 impreza

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    just to keep me out of jail when taking pictures

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