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02/05/2008 11:32:00 AM · #51 |
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02/05/2008 12:20:17 PM · #52 |
Originally posted by AlexSaberi:
UPDATE:
2 emails no answer yet. How long you reckon I should leave it until I call him up? |
Give him a week or so - he might be on holiday: he "goes" to lots of places. |
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02/05/2008 12:46:49 PM · #53 |
| Wow... I just dont understand how this guy pulls a stunt like this and thinks he can get away with it. Does he think Alex has no internet?? I'm really interested to see what becomes of this situation. No doubt that this guy is in the wrong. Plus hes making a killing on top of that... |
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02/05/2008 12:59:26 PM · #54 |
Originally posted by GeneralE:
Before you do anything else, with or without a lawyer, register your original with the US Copyright Office if not already done. |
it's best to register your work for copyright before the infringement occurs:
Originally posted by copyright.gov:
If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner. |
edited to add: technically, though, it's a copyrighted work the second it's produced. alex is still fully within his rights to pursue this creep.
Message edited by author 2008-02-05 13:01:22. |
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02/05/2008 01:06:55 PM · #55 |
Originally posted by Dirt_Diver:
BINGO, SUE HIS ASS! |
I've been Yanko'd :-) See my post at beginning of thread...
R.
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02/05/2008 01:16:01 PM · #56 |
Originally posted by Bear_Music:
Originally posted by Dirt_Diver:
BINGO, SUE HIS ASS! |
I've been Yanko'd :-) See my post at beginning of thread...
R. |
HAHAHa credit goes to Robert for his wonderful display of creative internet usage. Sorry buddy I must have missed it. |
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02/05/2008 04:46:37 PM · #57 |
Originally posted by blindjustice:
It would seem to me that technically, the jurisdiction , or breach could be just about anywhere, he is of course, using the internet to sell the stuff. So you have the site of the "copyright" - the site of the illegal actvity, the site of the defendant's residence, and use of the federal/international internet.
Sounds like a law school exam question. But, my point is that, just like theives and scoundrels in the modern age can use the internet and offend from various locales; you are protected and can take advantage of various juisdictions to enforce your legal rights.- don't settle fro English rules, for instance- explore the rest.
It also seems to me, that it although it would be a good idea to copyright all your works, theives can't just go crazy and copy everything and hope that there is no copyright.
You have held yourself out to be the owner of that image and concept, in a very public place, with substantial interest and recognition. And there are surely dates on this website alone associated with this file that substantially predate the theives work. You are first in concept, time, and legal right, in my eyes, with or without the copyright. In fact, if you try to copy and paste an image off this site- you get warned.
Here's a thought, even if you did not personally register the image, perhaps this jackass has violated a copyright/ law through this website, DPChallenge.
Just some thoughts... |
Whether it's registered or not, it's still copyrighted. That's what many don't seem to understand. One of the biggest advantages to registration is in proving when your image was created, as the thief often tries to argue that they made theirs first, and that you are really the one who copied. |
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02/06/2008 12:37:07 AM · #58 |
| In this case, it would be a pretty funny argument that the guy "painted" the picture, then Alex went out and rounded up the deer and posed them exactly the same for the photograph. :-) |
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02/06/2008 03:02:04 AM · #59 |
Originally posted by Melethia:
In this case, it would be a pretty funny argument that the guy "painted" the picture, then Alex went out and rounded up the deer and posed them exactly the same for the photograph. :-) |
You are right... I bet he did >:(... trying to get us on your side now are ya? |
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02/06/2008 03:25:46 AM · #60 |
UPDATE:
this is the mail I got back
"Hello!
I only had one original of this painting and it was sold
Only limited editions prints are available.
Best Regards.
Albert"
I have replied asking how many limited editions have been sold |
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02/06/2008 03:42:00 AM · #61 |
Originally posted by AlexSaberi:
UPDATE:
this is the mail I got back
"Hello!
I only had one original of this painting and it was sold
Only limited editions prints are available.
Best Regards.
Albert"
I have replied asking how many limited editions have been sold |
Well, if he sells all of them he looks to make about $10,000, including the original, so I'd charge him a hefty "usage" fee based on that. |
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02/06/2008 04:23:41 AM · #62 |
Originally posted by AlexSaberi:
UPDATE:
this is the mail I got back
"Hello!
I only had one original of this painting and it was sold
Only limited editions prints are available.
Best Regards.
Albert"
I have replied asking how many limited editions have been sold |
Good information gathering skills. Interesting that he only has one original...!
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02/06/2008 05:31:52 AM · #63 |
Originally posted by Matthew:
Originally posted by AlexSaberi:
UPDATE:
this is the mail I got back
"Hello!
I only had one original of this painting and it was sold
Only limited editions prints are available.
Best Regards.
Albert"
I have replied asking how many limited editions have been sold |
Good information gathering skills. Interesting that he only has one original...! |
So what do you reckon Matthew. How should I proceed? |
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02/06/2008 07:21:31 AM · #64 |
Originally posted by AlexSaberi:
UPDATE:
this is the mail I got back
"Hello!
I only had one original of this painting and it was sold
Only limited editions prints are available.
Best Regards.
Albert"
I have replied asking how many limited editions have been sold |
Is that all he said? If so it sounds like he is playing dumb to me.
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02/06/2008 07:27:00 AM · #65 |
Originally posted by AlexSaberi:
Originally posted by Matthew:
Originally posted by AlexSaberi:
UPDATE:
this is the mail I got back
"Hello!
I only had one original of this painting and it was sold
Only limited editions prints are available.
Best Regards.
Albert"
I have replied asking how many limited editions have been sold |
Good information gathering skills. Interesting that he only has one original...! |
So what do you reckon Matthew. How should I proceed? |
I presume that you are enquiring without giving away the fact that you are the rights holder or may have a claim. I would ask what the number of limited edition is, and the availability of higher value edition numbers (eg edition 1 or 2 of 50 is more valuable than 27 of 50). This should give you some more info.
slowly slowly catchee monkey...
Message edited by author 2008-02-06 07:27:12.
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02/06/2008 07:39:28 AM · #66 |
yeah waiting for a reply on the numbers of limited editions.
What then though. Do I say to him.
"Thanks for the info. I feel honored that you have used my photo for one of your works. But i hope you realise that in fact I own the copyright to this image. this is in fact a breach of copyright. I would like to discuss this further with you.I am sure we can come to some kind of arrangement"
something like that? |
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02/06/2008 07:57:36 AM · #67 |
Thats pretty diplomatic and assumes that you want him to rip you off;
Perhaps what comes to mind is rappers using samples and then asking for permission, of say James Brown, when the thing is a hit.
In this case, it would be a pretty funny argument that the guy "painted" the picture, then Alex went out and rounded up the deer and posed them exactly the same for the photograph. :-) originally posted by Melethia
- The age of photoshop is a funny thing, its a double edged sword- as pointed out earlier, the photograph is unique not only becuase of the object/subject, but the angles lighting and now... post processing.
Having a timestamp on a photo would show when you took it, but really it might have more to do with when you make it public and assert your rightful ownership in some sense. Otherwise you could just take a million pictures of things and then claim copyright to everything.
You had your picture up on the web before he put that copy painting up for sale. that is your provable claim. Thats how he stole the damned thing.
Before you say anything, you might want to talk to a lawyer. That way you can go about it correctly. Otherwise, if you don't care that he used your photo, try to get a piece of the action. I would at least want to know my rights for real, not through some forum jibber-jabber.
good luck |
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02/06/2008 09:18:35 AM · #68 |
I am sure the owner of this photo..would be interested in this also
Here too
The painting
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02/06/2008 09:51:54 AM · #69 |
Originally posted by AlexSaberi:
yeah waiting for a reply on the numbers of limited editions.
What then though. Do I say to him.
"Thanks for the info. I feel honored that you have used my photo for one of your works. But i hope you realise that in fact I own the copyright to this image. this is in fact a breach of copyright. I would like to discuss this further with you.I am sure we can come to some kind of arrangement"
something like that? |
There are a couple of other things to do first - sending you a PM (this is after all an open forum)
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02/06/2008 10:31:36 AM · #70 |
I am sure you all are not the only victoms here. I watched some of his videos and anytime someone is drawing out on there canvas, there making a copy of something. I also watched head movement off the canvas. Of course they don't show whats behind him. Thats what he does makes copies either from his own work or a print.
I have painted and anytime I used a photo it was my own, but when I drew on it, it was to get the scaling right. |
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02/06/2008 10:39:25 AM · #71 |
Originally posted by Melethia:
In this case, it would be a pretty funny argument that the guy "painted" the picture, then Alex went out and rounded up the deer and posed them exactly the same for the photograph. :-) |
OMG Alex you mean to tell me that you went out and shot those poor deer (not with a camera), had them stuffed, planted the trees, landscaped the scene, posed your new stuffed toys like the panting and shot them again with a camera this time?
ooooohhhh the humanity!!!
On the more serious side, it mite be better to enlist the help of a lawyer, it may just cost you the amount to have them write a letter in legaleese for you. Ive done that once before and it worked out quite well.
-dave
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02/07/2008 06:56:06 AM · #72 |
| Well Alex what's the status? Any word from him yet? |
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02/07/2008 07:02:13 AM · #73 |
| nope, not a thing. Will leave it till monday. |
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02/07/2008 07:30:18 AM · #74 |
| Have you contacted an attorney yet? |
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02/07/2008 07:33:37 AM · #75 |
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