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04/06/2007 10:43:13 AM · #26 |
| what is NSFW? is that the nude warning? i'm glad i read the whole post before clicking on that link. |
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04/06/2007 10:44:50 AM · #27 |
muckpond said:
so, uh, how did you happen to stumble across this in the first place? ;)
I wondered that too, but didn't really want to know the answer. |
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04/06/2007 10:45:18 AM · #28 |
I googled Nick Scipio's name and came up with a lot of stuff.
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04/06/2007 10:45:31 AM · #29 |
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04/06/2007 10:46:58 AM · #30 |
Originally posted by Chinabun:
what is NSFW? is that the nude warning? i'm glad i read the whole post before clicking on that link. |
duh. been trying to figure that out too. brain's moving a little slow this morning. adjusted the title to help out slow brains like mine. :) |
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04/06/2007 10:49:57 AM · #31 |
Originally posted by scalvert:
Good Friday = sleeping in *snore* ... |
Lucky you! :)
Originally posted by scalvert:
... and then there's no reason for a larger entity to shut him down. ... Suggestions? |
I'd go the higher route and try to go thru his web hosting site first. If nothing else it will at least make things difficult for him on a short-term basis. No doubt he'll just move to another provider.
Now if you've officially copyrighted the image you can easily put him in a tight spot with legal action. I'd go that way if you're able to. |
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04/06/2007 10:52:08 AM · #32 |
Originally posted by fencekicker:
muckpond said:
so, uh, how did you happen to stumble across this in the first place? ;)
I wondered that too, but didn't really want to know the answer. |
:D Be grateful the OP didn't worry about having to answer that and did the right thing by looking out for another DPC'r by starting this thread. |
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04/06/2007 10:53:31 AM · #33 |
Yes. First contact a lawyer, Find out what legal rights you have. Then if you choose to go the legal route, Let the Lawyer handle it from there. Other option is to contact the ISP hosting this guys site, Tell them to go have a look at it. Ask them to remove your image. I wouldn't even bother asking the guy that stole it to take it down unless you go the legal route. Then Like I Said., Let the Lawyer handle it. I think having a Judge breathing down his neck would be far more effective than the owner of a single image in a group of many. Does this make sense?
Originally posted by scalvert:
Suggestions? |
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04/06/2007 10:56:09 AM · #34 |
Originally posted by scalvert:
Suggestions? |
Take a deep breath and relax?
I have a feeling that 95% of the outrage is the primary content on that site as opposed to the use of Shannon's picture.
So divorce yourself from that fact and what do you have? Yet one more site, out of roughly 12 trillion, that posts amusing pictures it finds on the Web. It's annoying, and undoubtedly illegal. But also very, very, VERY common. Are you going to get that upset every single time? Are you going to try to shut down every blogger who puts up an amusing photo?
Look, I wouldn't want my daughter's picture on that site either.
Try emailing the guy.
Edited to add this: I do mean to go ahead and demand that he remove it. Given that the pic is posted here, it's simple to demonstrate ownership.
I'm not suggesting to do nothing. I just mean to try to put the offense in perspective so your head doesn't explode.
Message edited by author 2007-04-06 11:13:56.
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04/06/2007 10:57:13 AM · #35 |
| Someone in the company my husband works for was caught for illegally downloading three books at work. The options were the company would be fined $100,000 per instance or fire the employee. Needless to say the employee was fired. If this guy is doing any of this at work, he could loose his job over it. I'm not sure how they establish the amounts for fines. |
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04/06/2007 10:58:23 AM · #36 |
Originally posted by scalvert:
Suggestions? |
I'm here Huckleberry......You could send me to CA to resolve it.....
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04/06/2007 10:59:36 AM · #37 |
Originally posted by levyj413:
Originally posted by scalvert:
Suggestions? |
Take a deep breath and relax?
I have a feeling that 95% of the outrage is the primary content on that site as opposed to the use of Shannon's picture.
So divorce yourself from that fact and what do you have? Yet one more site, out of roughly 12 trillion, that posts amusing pictures it finds on the Web. It's annoying, and undoubtedly illegal. But also very, very, VERY common. Are you going to get that upset every single time? Are you going to try to shut down every blogger who puts up an amusing photo?
Look, I wouldn't want my daughter's picture on that site either.
Try emailing the guy. |
i don't care about the content of the site. i care that the guy is idiotic enough to post a statement that essentially says "i'm stealing your stuff and if you catch me i'll think about taking it down."
it can be kid pics or porn or still lifes. the guy is a scumbag and is passing off other people's work as his own. |
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04/06/2007 11:00:06 AM · #38 |
| From what I understand, using a copyright lawyer will be prohibitively expensive. The best route in my opinion is to approach the provider. The provider wants to act in its own best interests. Excerising its rights under its own TOS against a violating customer is acting in its own best interests. If it's any kind of reputable provider, they will act relatively quickly. The danger is that he sets up shop elsewhere in a hurry, but you can also e-mail him once the action has been taken to indicate, if you so desire, that you'll hound him if he continues his infringement wherever he goes (if you're not scared of him). |
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04/06/2007 11:03:49 AM · #39 |
Originally posted by muckpond:
i don't care about the content of the site. i care that the guy is idiotic enough to post a statement that essentially says "i'm stealing your stuff and if you catch me i'll think about taking it down."
it can be kid pics or porn or still lifes. the guy is a scumbag and is passing off other people's work as his own. |
It's a "picture of the day" - I'm not sure he's claiming it's his.
Regardless, are you going to go into a heart-attack inducing rage about every site that does the same thing?
Take my suggestion as focused more on the photographer's mental health (any photographer about any photo posted anywhere, not just Shannon's), not as my defending the guy.
My post was in the same vein as not letting minor things get you incredibly upset so you'll go through life happier.
Edited for clarity.
Message edited by author 2007-04-06 11:05:57.
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04/06/2007 11:06:18 AM · #40 |
Originally posted by levyj413:
Originally posted by scalvert:
Suggestions? |
I have a feeling that 95% of the outrage is the primary content on that site as opposed to the use of Shannon's picture.
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Levy, I think you are partially right. If someone used a photo of mine, and it was used in a non-offensive way, I'd probably just notify the person and work it out directly. But, in a way, there is another crime being committed in this case. I'm not sure what the legal terms for it would be. However, representing anyone in such a manner without their permision seems to damage their reputation. What happens to Scalvert's child when a few years down the road some kid at school finds the photo that nick has on his site? How would anyone feel if they were represented in a way that they would be embarrassed or ashamed of? The individual knows that it is faked, but the rest of the world won't necessarily see it that way.
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04/06/2007 11:08:28 AM · #41 |
Originally posted by fencekicker:
What happens to Scalvert's child when a few years down the road some kid at school finds the photo that nick has on his site? How would anyone feel if they were represented in a way that they would be embarrassed or ashamed of? The individual knows that it is faked, but the rest of the world won't necessarily see it that way. |
I think you're talking about two different things here. Scalvert's image is being used verbatim. Tasteless site, perfectly fine photo. |
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04/06/2007 11:19:39 AM · #42 |
I didn't look at the site, just saw that someone said the photo is made to look like the child is watching his parents have sex.
I don't want to go to the site while my kids are running around me.
Anyway, if the site has childporn (or even suggests child porn) the site owner very likely takes it farther than he shows on his site. Maybe an option would be to contact the Association of Sites Advocating Child Protection
The ASACP states this:
ASACP provides an online hotline for web surfers and webmasters to report suspected child pornography. Our many member sites provide links to this hotline, which receives thousands of reports every month.
ASACP investigates these reports and determines the hosting, billing, IP address, ownership, and linkage of suspected CP sites. ASACP then forwards Red Flag reports to the appropriate government agencies and associations. These include the FBI and the National Center for Missing & Exploited Children, as well as European hotlines. We also notify ISPs and payment processors when their hosting and billing services are hijacked by CP operators.
If Nick's site has child porn, I think I'd go this route. Also, its a little scarey to know your child's photo has been put on a site like this, even un-altered.
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04/06/2007 11:21:45 AM · #43 |
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04/06/2007 11:21:58 AM · #44 |
I am not sure this would work. But what about calling the police in the town the ISP is in, Report your photo stolen. This way you get legal investigation for free and perhaps the police will order the website shutdown thus saving you alot of hassle.
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04/06/2007 11:22:26 AM · #45 |
Originally posted by Louis:
Originally posted by fencekicker:
What happens to Scalvert's child when a few years down the road some kid at school finds the photo that nick has on his site? How would anyone feel if they were represented in a way that they would be embarrassed or ashamed of? The individual knows that it is faked, but the rest of the world won't necessarily see it that way. |
I think you're talking about two different things here. Scalvert's image is being used verbatim. Tasteless site, perfectly fine photo. |
I agree. The photo is fine. Matter of fact, from the POV this photo was taken you cannot tell who the child is (we know it's Shannon's little one, but not much else).
For me it's the principle of the image use without consent, and the flippant attitude the guy has in his disclaimer statement. |
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04/06/2007 11:25:17 AM · #46 |
Originally posted by fencekicker:
I didn't look at the site, just saw that someone said the photo is made to look like the child is watching his parents have sex. ...... Anyway, if the site has childporn (or even suggests child porn) |
Now you're really jumping to conclusions. You've got it way wrong. The photo does suggest the kid is walking in on his parents having sex. It's this blue ribbon winning pic, here at DPC. The site in question is just a bunch of adult porn.
Message edited by author 2007-04-06 11:26:09. |
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04/06/2007 11:28:29 AM · #47 |
Originally posted by levyj413:
It's a "picture of the day" - I'm not sure he's claiming it's his. |
at the bottom of the page you get: Copyright © 2007 Nick Scipio. All rights reserved.
for comparison's sake, here's the info from the bottom of every page on DPC:
DPChallenge, and website content and design, Copyright © 2001-2007 Challenging Technologies, LLC.
All digital photo copyrights belong to the photographers and may not be used without permission.
he's clearly implying ownership.
Originally posted by levyj413:
Regardless, are you going to go into a heart-attack inducing rage about every site that does the same thing? |
i'm sorry. am i having a heart attack? am i full of rage? what would happen if everyone were as nonchalant about copyright infringement as you seem to be?
maybe it means more to people who create photographs for a living. if this is really not a big deal to you, why are you participating in the thread in the first place? |
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04/06/2007 11:30:59 AM · #48 |
I'm sorry, Shannon. I hope you are able to clear this up in short order, and wish you the best of luck in doing so.
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04/06/2007 11:34:42 AM · #49 |
Originally posted by karmat:
Originally posted by Chinabun:
what is NSFW? is that the nude warning? i'm glad i read the whole post before clicking on that link. |
duh. been trying to figure that out too. brain's moving a little slow this morning. adjusted the title to help out slow brains like mine. :) |
Not Safe For Work, NSFW. ;)
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04/06/2007 11:35:14 AM · #50 |
Did anyone think to contact me?
No, instead, I got a bunch of anonymous feedback, from trolls, hecklers, and people who seemed more intent on calling me an asshole than actually accomplishing anything.
Sheesh! You people are all guns a'blazin' here, like I'm some hard-core mass-stealin' Fascist bent on world domination through copyright infringement.
Folks... take a deep breath.
I'm a regular guy, just like all of you. I create copyrighted works myself (I'm a writer). More importantly, I'm a photographer as well.
I post the notice at the bottom of my POD pages to fend off the exactly kind of thing you people flooded me with this morning: third-party trolling.
Now, if the picture(s) in question are copyrighted by someone here, please have the owner contact me.
Let me say that again, just to make it clear: PLEASE HAVE THE OWNER CONTACT ME.
I will gladly remove any pics the copyright owner wants me to remove. Pronto! Heck, if you want, I'll post versions with the full copyright intact and provide a link to your site.
Like I said, I'm not out to rip anyone off. I'm a reasonable guy. But shouting at me and threatening legal action won't do anyone any good.
A reasonable request, on the other hand, will get instant results.
Nick Scipio
nick@nickscipio.com
NickScipio.com
P.S. - I'm not here to argue copyright and fair use with trolls and hecklers. It's easy to get up in arms about a faceless jerk running a website. Well, I'm no longer faceless, so please deal with me like the rational people I know you are. Histrionics and threats won't help. |
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