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DPChallenge Forums >> General Discussion >> Another stolen DPC image (scalvert) - NotSafeForWork
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Showing posts 101 - 125 of 207, (reverse)
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 04/06/2007 12:40:27 PM · #101
Originally posted by klstover:
I'm confused. If it's so very hard to *find* the copyright owner before posting an image, how do you know if the person contacting you to take the image down *is* the copyright owner?


As part of a DMCA complaint, you must also list where the image was originally posted on the Internet.
04/06/2007 12:40:28 PM · #102
Originally posted by NickScipio:

You people are professionals. Act like it! And treat me with the same respect, please. Nick


"Your work is under copyright protection the moment it is created"

This is a pretty clear statement that I do not believe can be mis-understood. If you did not take the photo or obtain permission, it is not yours to use.

Now that would be professional.
 04/06/2007 12:40:58 PM · #103
Originally posted by NickScipio:
I'm truly sorry that copyright infringement exists. I do my best to avoid it. I do my double-best to rectify the situation when I do infringe.

Now, if you see any other picture on my site from DP Challenge, please send me a kind note (not anonymous... I ignore anonymous trolls). Have the copyright owner contact me. No need to flame me and post all sorts of ignorant threats.


You are contradicting yourself. The image may have been sent to you anonymously, but once the source was pointed out, you still refused to remove it unless the owner contacted you. At that point, you knew damn well that it was copyright infringement, where it came from, and who the owner was... yet you still refused.
 04/06/2007 12:41:50 PM · #104
Originally posted by L2:
As part of a DMCA complaint, you must also list where the image was originally posted on the Internet.


Cool. Thanks.
 04/06/2007 12:42:13 PM · #105
Originally posted by NickScipio:

You people are professionals. Act like it! And treat me with the same respect, please. Nick


I dont do this for a living, im not a professional. And if your making a living off your site and call it your profession your in even more trouble.
 04/06/2007 12:44:39 PM · #106
Originally posted by NickScipio:
Originally posted by RainMotorsports:
When you download the image though the file name has a Prefix that says it is copyrighted material.


The pic was sent to me by some bygone anonymous user on my site. I get hundreds of them a month. I weed out the obvious copyright infringement, stupid pics, grainy crap, and other stuff.

I have thousands of pictures in my POD collection. I do my best not to infringe on anyone's copyright. But if I get a picture without an obvious copyright, I'll use it. It's just that simple.

People, I know you're up in arms about your little tempest in a teapot, but I'm not the bad guy here.

I responded to your concerns (and I'm studiously ignoring the offensive, ignorant posts by some of the idiots on this thread). I removed the picture. And I'm still here talking about it, when all of us have better things to do than bitch and moan about the state of the world.

I'm truly sorry that copyright infringement exists. I do my best to avoid it. I do my double-best to rectify the situation when I do infringe.

But some of you people need to step back and take off your rose-colored glasses. I literally cannot verify every picture I use for my POD. It's not possible. Period. Pie and the sky to think otherwise, no matter what you say.

Now, if you see any other picture on my site from DP Challenge, please send me a kind note (not anonymous... I ignore anonymous trolls). Have the copyright owner contact me. No need to flame me and post all sorts of ignorant threats.

You people are professionals. Act like it! And treat me with the same respect, please.

Nick


The simple fact that you do use images that you don't have the copyright or licensing for makes you unprofessional in the extreme. The fact that you admit it, continue to do it and think it's no big deal makes you something that's not mentionable on a family website.

If you can't license or get permission to use an image, DON'T USE IT!

How much simpler do you need it to be?
 04/06/2007 12:46:35 PM · #107
Nick, maybe the users of your site need to be educated regarding copyright infringement.

Also, as the site owner, you are responsible for the content. Asking that people submitting images to your site to submit information about the image can't be that hard. It's just too easy to claim ignorance.


04/06/2007 12:48:06 PM · #108
Shannon's image was used as a picture of the day (POD). The guy who stole it only needs it for one day and then will replace it with another photo. So getting it taken down has only a minimal affect on the thief's use of the image.

The thief got pretty much the use he wanted out of the image; he should pay Shannon for that use.

A court battle will be costly for the thief; since Shannon is an experienced photographer I assume he has registered his copyright and so the thief will be responsible for both Shannon's and his own legal bills.
 04/06/2007 12:48:16 PM · #109
Originally posted by cpanaioti:
Nick, maybe the users of your site need to be educated regarding copyright infringement.

Also, as the site owner, you are responsible for the content. Asking that people submitting images to your site to submit information about the image can't be that hard. It's just too easy to claim ignorance.


I completely agree. A different submission system should be set up so that Nick can continue to post photos but without the worry of copyright infringement.
 04/06/2007 12:50:32 PM · #110
Nick... you seem to be a fairly intelligent guy so let's cut thru the crap.
Looked thru your images and recongnized quite a few from past Google searches so your...

'But some of you people need to step back and take off your rose-colored glasses. I literally cannot verify every picture I use for my POD. It's not possible. Period. Pie and the sky to think otherwise, no matter what you say.'

argument holds little water.

Secondly, the title of your site... 'Erotica BY Nick Scipio' kinda implies that ownership of the images belongs to you or at the very least, you 'took' them.
Someone who visits and who didn't know better would make that assumption IMO.

What you do is develope a site on the backs of others and hope no one catches on. If they do, a simple 'oops' from you and the matter hopefully is closed with an added 'relax people, I didn't know' for good measure.

You're ok right now... but since you brought Karma into the discussion, you won't be ok forever. Eventually you'll cross paths with someone who won't mind seeing how far you're willing to go. Just do me a favor... keep your account here open and give us a shout when it happens.

In the mean time, here's an image for you to add to your site... caption... 'Image thief who later pretends to be dumber than he really is'.


04/06/2007 12:51:20 PM · #111
Originally posted by a_visitor:
You seem to be assuming he got the photo from DPChallenge itself and that this photo cannot be found anywhere else on the entire Internet. That, my friends, is pure bunk. I personally receive hundreds of emails containing photos every week, all of which are presumably protected under the Berne Convention, and none of which come with any indication of who the copyright owner is.


"For photography the Berne Convention sets a minimum of 25 years protection from the year the photograph was created."
 04/06/2007 12:57:17 PM · #112
Originally posted by L2:
Thank you, Nick.


You're welcome. And thank you, L2.

(What's the message I'm not-so-subtly trying to get across to you folks? Simple... I respond to polite requests. I'm even polite in doing so. I'm not spouting legal garbage, I'm not making threats, and I'm not hiding behind a server. More of you should try being polite. It works wonders.)

Originally posted by L2:
Now that you've joined our community, perhaps you'll extend the good faith to Parrothead? Please?


Absolutely. Check now.

I would like to use Parrothead's pic, though. It's a cute pun. I'll keep my substitute in place until I have his (her?) permission.

(See? Once again... polite and calm. Trust me, folks. You get more flies with honey...)

Nick
 04/06/2007 12:59:48 PM · #113
Overreaction or even rudeness on the part of DPC members doesn't excuse the "asking forgiveness rather than permission" mentality.
 04/06/2007 01:03:33 PM · #114
Originally posted by NickScipio:
Originally posted by L2:
Thank you, Nick.


You're welcome. And thank you, L2.

(What's the message I'm not-so-subtly trying to get across to you folks? Simple... I respond to polite requests. I'm even polite in doing so. I'm not spouting legal garbage, I'm not making threats, and I'm not hiding behind a server. More of you should try being polite. It works wonders.)



If you want folks to be polite on DPC, it helps tremendously if you aren't stealing images from people on DPC (or other photographers) at the same time.

If someone stole your wallet (or your friend's wallet), you'd probably not greet them with open arms.
 04/06/2007 01:03:41 PM · #115
Originally posted by NickScipio:
(See? Once again... polite and calm. Trust me, folks. You get more flies with honey...)


You may get more flies with honey, but if you come along and shake a beehive, you're likely to get stung...
 04/06/2007 01:06:00 PM · #116
Originally posted by NickScipio:
Trust me, folks. You get more flies with honey...)


Indeed, but it's generally advisable not to engage in activities that attract flies, no?
 04/06/2007 01:06:16 PM · #117
Let it be known that no one has permission to use any of my shots anywhere for anything. you can look, but don't touch!!!!! unless you ask first.
04/06/2007 01:06:50 PM · #118
Originally posted by scalvert:
The image may have been sent to you anonymously, but once the source was pointed out, you still refused to remove it unless the owner contacted you. At that point, you knew damn well that it was copyright infringement, where it came from, and who the owner was... yet you still refused.


No, Shannon, I didn't refuse.

The anonymous trolls who sent me e-mail this morning didn't point out where the picture came from (the messages were mostly rude, snide, and just plain ignorant... not a sterling introduction to you, your work, or your site).

Once I knew where the picture came from, and who was the copyright holder, I took it down within minutes.

I even honored another request for one of Parrothead's pictures.

How much faster and more responsive can I be?!

Like I said, I'm not the bad guy here. I'm a responsible and reasonable guy, which is more than you're probably used to. So don't flame me for coming into your hostile lion's den and trying to make things right.

Nick
 04/06/2007 01:08:37 PM · #119
-

Message edited by author 2007-04-06 13:25:24.
 04/06/2007 01:10:07 PM · #120
Originally posted by Bugzeye:
Let it be known that no one has permission to use any of my shots anywhere for anything. you can look, but don't touch!!!!! unless you ask first.

Isn't that what the LAW says? You shouldn't even have to SAY that. It's a given FACT. :)
 04/06/2007 01:13:43 PM · #121
this sounds like one of those I didn't know the gun was loaded stories. where as common sense should tell you to never assume the gun is not loaded. same goes for pictures. never assume they are not copyrighted. Using them without permission is illegal using an excuse like I didnt know is not good enough. If you dont know for sure. dont use the photo. If you can not come up with enough royality free material to run your website without using other peoples property perhaps you should find a new format for your site or a new business. But I still give you some credit for being forward here and your fast removal of the images.
04/06/2007 01:13:57 PM · #122
Originally posted by Qart:
What you do is develope a site on the backs of others and hope no one catches on. If they do, a simple 'oops' from you and the matter hopefully is closed with an added 'relax people, I didn't know' for good measure.


Sorry, Qart, but I'm not the horse's ass here.

My POD is secondary to the main purpose of my site.

I'm an award-winning author, with more than 15,000 daily visitors.

So I "develope[d] a site" on the back of millions of my own words, and thousands and thousands of hours of my own hard work. Can you say the same?

Nick
 04/06/2007 01:14:54 PM · #123
Originally posted by NickScipio:
Like I said, I'm not the bad guy here. I'm a responsible and reasonable guy, which is more than you're probably used to. So don't flame me for coming into your hostile lion's den and trying to make things right.

Nick


Then the next step to becoming an even MORE responsible and reasonable guy is to require that source info come along with all photo submissions, or even to require that photos may only be submitted by copyright holders. There are all sorts of ways to verify a photo's proper ownership - just ask our Site Council. And considering the nature of what you post, perhaps a requirement of a model release is in order as well.

Will that slow you down? Probably. But it sure beats the hell out of getting hauled to court for shady practices that you ultimately cannot defend.

And by the way, it doesn't help your case at all that you're dabbling in one of the skeeviest genres around, and that a CHILD was posted amongst all of that trashy low-class dreck. How responsible was that? It was totally irresponsible. There's no excuse for it. That's someone's kid hanging out with all the pussy macros. Disgusting.
04/06/2007 01:15:15 PM · #124
Originally posted by klstover:
Originally posted by NickScipio:
So don't flame me for coming into your hostile lion's den and trying to make things right.


I should mention that I do think this is admirable.


As do I, however Parrothead's shot was pointed out in the beginning of this thread, and you didn't remove my shot until I personally contacted you... even though you already knew by then where it came from. Yes, it's admirable that you've been willing to face the music, but you still don't seem to understand that not knowing where an image came from is no excuse for posting it without permission.
 04/06/2007 01:16:24 PM · #125
My blood has been boiling as I've been reading this thread, and I can't seem to keep my fingers from typing. I must applaud Scalvert for being as rational as he has been in this conversation; I'm sure I would be fit to be tied if I were him, reading this stuff.

You stole a shot from one of the site's most respected members, and then came here, not to make amends, but to make excuses.

Originally posted by NickScipio:
the messages were mostly rude, snide, and just plain ignorant...


And all of those words perfectly describe what you've done to Shannon's work. You stole from him, posting a shot of his on a site that I certainly wouldn't want to see my child to appear. How dare you. And then to kick back with this, "yeah, but what're ya gonna do" kind of attitude is just pathetic.

I feel sorry for you, although I certainly am jealous of your highly esteemed "Golden Clitorides Awards."

Message edited by author 2007-04-06 13:31:24.
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