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DPChallenge Forums >> General Discussion >> DrAchoo I sent you a PM
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Showing posts 51 - 75 of 189, (reverse)
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 10/24/2009 06:27:41 PM · #51
Originally posted by Hifi:
Originally posted by DrAchoo:
Originally posted by GeneralE:
Note that the childcare center quite possibly hired a designer to create the sign, and may have no knowledge themselves that the photo was not acquired legitimately.


Good point, Paul. Or it's even possible they thought they purchased it legally somewhere. You can be sure I will be professional when I contact them.

HiFi or Lentil, how big is this place? Are we talking a legitimate business or is this more a mom opening a daycare in her house?


They are listed on the Australian Stock Exchange - no mum & dad operation


Keep the 5D as back up? :P
 10/24/2009 06:31:10 PM · #52
Originally posted by Hifi:
Originally posted by DrAchoo:
Originally posted by GeneralE:
Note that the childcare center quite possibly hired a designer to create the sign, and may have no knowledge themselves that the photo was not acquired legitimately.


Good point, Paul. Or it's even possible they thought they purchased it legally somewhere. You can be sure I will be professional when I contact them.

HiFi or Lentil, how big is this place? Are we talking a legitimate business or is this more a mom opening a daycare in her house?


They are listed on the Australian Stock Exchange - no mum & dad operation


I may need to stand corrected on whether they are part of the childcare centre company that are listed on the Stock Exchange. They are certainly part of a very large chain of childcare centres but from what I can find out I can not confirm if they are part of the chain listed on the stock exchange.

Message edited by author 2009-10-24 18:31:40.
 10/24/2009 06:35:47 PM · #53
Hey Judi - What is the situation with model release requirements in Australia? This is typically required for all photos used for commercial use in the US. Is it the same for Australia?
 10/24/2009 06:39:05 PM · #54
Hey HiFi, this is the second PM I haven't gotten from you. Are you sure you are doing things correctly? I can't imagine how you are messing it up, but it's weird. Is the site having issues with PM's?
 10/24/2009 06:41:55 PM · #55
Originally posted by bassbone:
Hey Judi - What is the situation with model release requirements in Australia? This is typically required for all photos used for commercial use in the US. Is it the same for Australia?


You need to have a model release form for anybody or any recogniseable brand. Even the major photo comps in Australia require Model Release Forms.
 10/24/2009 06:43:51 PM · #56
Maybe it was my email after re-upping my membership. I monkeyed with it a tiny bit. Try sending me a PM again.
 10/24/2009 06:46:07 PM · #57
My hubby just picked up some info off their site that may be worth looking into to see if your image is amongst their collection.

He found their webdesign people are listed as -

Energize Design
Clicks and Clicks
Mystics Website Design
 10/24/2009 06:47:19 PM · #58
Interestingly, the Privacy Policy of Mystics Website Design is identical to the Privacy Policy on Kids in Care!!!!
 10/24/2009 06:50:06 PM · #59
Also of interest Energize Design also specialize in Photography....hmmmm!
 10/24/2009 06:56:28 PM · #60
Kids In Care have this on their site.

"We are part of a family owned group of companies that have a strong background in both Aged Care ( Lifestyle Estates ) and Early Learning Centres

Lifestyle Estates have a webdesigner by the name of Hot Goanna. It would be interesting to know if they were linked with Kids In Care in the supply of that photo, considering the photos on the Lifestyle Estates site are rather snapshottish!!!

Message edited by author 2009-10-24 19:10:01.
 10/24/2009 06:56:41 PM · #61
sounds like you've hit the lottery! Cool!
 10/24/2009 07:04:55 PM · #62
Originally posted by Judi:
Also of interest Energize Design also specialize in Photography....hmmmm!


If you click on the almost hidden link on the bottom of Energizedsign home page you get this link to MeTTro
10/24/2009 07:17:38 PM · #63
DrAchoo I sent an email to see if that works as I am probably doing something wrong with the PM's. Even since I sent that though, I need to change some of what I had written to you.

I can't establish whether they are linked to the company that is listed on the stock exchange or not. Their names are very similar but there may be enough difference to enable both companies to exist. Both have their head offices in Queensland, which in itself isn't anything. A quick company search would establish what the company structure is. This would need to be one of the first things that would need to be done if you wanted to take this matter any further.

10/24/2009 08:20:56 PM · #64
Originally posted by Bear_Music:
Basically, they've got a LOT invested in that image; I'd say Doc has 'em by the short hairs and he's about to be able to afford his new body after all :-)

R.


New body and lenses!!
 10/24/2009 08:35:42 PM · #65
Hrm.

While I don't think it's right for a company to use an image in this way without permission, and that the good Dr. should have all legal means available to him to get this company to STOP using this image (or start monetarily compensating him for using it FROM THIS POINT FORWARD, with perhaps a reasonable payment for prior usage), I personally think that all this 'excitement' by people over "OMG PAYDAY!" and such is a bit ridiculous. DrAchoo certainly wasn't losing revenue or profit by the use of this image, so I don't really believe he's entitled to ANYthing, unless they continue to use it after a notification, or he can somehow prove that its use resulted in a loss of income or livelihood.

This "get rich quick" mentality has to stop. It's one of the reasons that copyright law and the DMCA and patent corruption is so goddamn broken these days.
 10/24/2009 09:00:21 PM · #66
From your friendly neighbourhood lawyer - I'd hold off on 'lawyer-ing up' for the moment. Paying someone $400 an hour when relatively minor financial considerations are at stake is probably a little foolish.

And, in response to a question earlier in the thread - copyright subsists automatically in Australia. There is no system of, or requirement for, registration.

Good luck!
 10/24/2009 09:10:02 PM · #67
Originally posted by samtrundle:
From your friendly neighbourhood lawyer - I'd hold off on 'lawyer-ing up' for the moment. Paying someone $400 an hour when relatively minor financial considerations are at stake is probably a little foolish.

And, in response to a question earlier in the thread - copyright subsists automatically in Australia. There is no system of, or requirement for, registration.

Good luck!


Actually the type of money that a professional photographer would demand for use of the photo in the way they are using it is a bit more then chump change. For the type of marketing and branding they are using with the photo I'd demand somewhere north of $2500 for a year's use.

Matt
 10/24/2009 09:23:09 PM · #68
Originally posted by K10DGuy:
Hrm.

While I don't think it's right for a company to use an image in this way without permission, and that the good Dr. should have all legal means available to him to get this company to STOP using this image (or start monetarily compensating him for using it FROM THIS POINT FORWARD, with perhaps a reasonable payment for prior usage), I personally think that all this 'excitement' by people over "OMG PAYDAY!" and such is a bit ridiculous. DrAchoo certainly wasn't losing revenue or profit by the use of this image, so I don't really believe he's entitled to ANYthing, unless they continue to use it after a notification, or he can somehow prove that its use resulted in a loss of income or livelihood.

This "get rich quick" mentality has to stop. It's one of the reasons that copyright law and the DMCA and patent corruption is so goddamn broken these days.


I disagree with you on this. If this were my child, I would be more upset over them using 'her' not the image. There is no model release for her to be plastered on signs and in representation of this company.
 10/24/2009 09:25:49 PM · #69
Originally posted by K10DGuy:

This "get rich quick" mentality has to stop. It's one of the reasons that copyright law and the DMCA and patent corruption is so goddamn broken these days.


I may be wrong, but it's my sense of it that the folks saying that are having a little fun, I doubt they are serious.

R.
 10/24/2009 09:30:22 PM · #70
Originally posted by K10DGuy:
Hrm.

While I don't think it's right for a company to use an image in this way without permission, and that the good Dr. should have all legal means available to him to get this company to STOP using this image (or start monetarily compensating him for using it FROM THIS POINT FORWARD, with perhaps a reasonable payment for prior usage), I personally think that all this 'excitement' by people over "OMG PAYDAY!" and such is a bit ridiculous. DrAchoo certainly wasn't losing revenue or profit by the use of this image, so I don't really believe he's entitled to ANYthing, unless they continue to use it after a notification, or he can somehow prove that its use resulted in a loss of income or livelihood.

This "get rich quick" mentality has to stop. It's one of the reasons that copyright law and the DMCA and patent corruption is so goddamn broken these days.


No, the reason DMCA and patent law is broken is that people don't think they should have to pay to use something they find on the internet or they think that it's OK, as long as no one finds out or as long as they get away with it. WTF ever happened to not taking something that's not yours without asking.

10/24/2009 09:30:26 PM · #71
Originally posted by Bear_Music:
Originally posted by K10DGuy:

This "get rich quick" mentality has to stop. It's one of the reasons that copyright law and the DMCA and patent corruption is so goddamn broken these days.


I may be wrong, but it's my sense of it that the folks saying that are having a little fun, I doubt they are serious.

R.


I was having fun when I teased about lenses.... trying to tempt him to the dark side.
 10/24/2009 09:33:28 PM · #72
Originally posted by mom2two:
Originally posted by Bear_Music:
Originally posted by K10DGuy:

This "get rich quick" mentality has to stop. It's one of the reasons that copyright law and the DMCA and patent corruption is so goddamn broken these days.


I may be wrong, but it's my sense of it that the folks saying that are having a little fun, I doubt they are serious.

R.


I was having fun when I teased about lenses.... trying to tempt him to the dark side.


No...he is a smart man...he knows which side is the best side!!!! LOL!

And anyway....would insurance companies be so forgiving with Nikons going swimming?????

Message edited by author 2009-10-24 21:34:09.
 10/24/2009 09:50:11 PM · #73
Istead of royalty payments, maybe you can make them use that newer picture you have over in the other thread ... ;-)
 10/25/2009 12:23:16 AM · #74
I see this as a quick trade off for free baby sitting service if or when you take a trip to Austrailia.

10/25/2009 02:24:15 AM · #75
Originally posted by MattO:
Originally posted by samtrundle:
From your friendly neighbourhood lawyer - I'd hold off on 'lawyer-ing up' for the moment. Paying someone $400 an hour when relatively minor financial considerations are at stake is probably a little foolish.

And, in response to a question earlier in the thread - copyright subsists automatically in Australia. There is no system of, or requirement for, registration.

Good luck!


Actually the type of money that a professional photographer would demand for use of the photo in the way they are using it is a bit more then chump change. For the type of marketing and branding they are using with the photo I'd demand somewhere north of $2500 for a year's use.

Matt


And do you really think that a lawyer could clear this all up in an hour or two? $2500/$400 per hour doesn't equal very many hours.
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