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Showing posts 101 - 125 of 189, (reverse)
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 10/25/2009 08:38:52 PM · #101
I've made contact. Sorry to bore y'all, but the story ends here until I have resolution. I'll be sure to fill everybody in after. I'm hoping we can do this all friendly like.
 10/25/2009 08:59:28 PM · #102
Originally posted by Judi:
Err...Sneezy is trying to work out how to use the phone....and Hifi is hiding behind the lunch tray at the Kiddie Center....the rest of us are stuffing our faces with popcorn waiting for the fireworks!!!

Where's Doc and Bashful?

And I suppose you're Snow White? (NOT!)
 10/25/2009 09:04:25 PM · #103
Originally posted by DrAchoo:
I've made contact. Sorry to bore y'all, but the story ends here until I have resolution. I'll be sure to fill everybody in after. I'm hoping we can do this all friendly like.


aww... now I have to find another DPC soap opera. I hate it when the one you're interested in gets canceled. Darn the network execs!
 10/25/2009 09:07:48 PM · #104
Originally posted by JH:
Originally posted by Judi:
Err...Sneezy is trying to work out how to use the phone....and Hifi is hiding behind the lunch tray at the Kiddie Center....the rest of us are stuffing our faces with popcorn waiting for the fireworks!!!

Where's Doc and Bashful?

And I suppose you're Snow White? (NOT!)


No...I am the wicked witch!
 10/25/2009 09:31:29 PM · #105
Originally posted by Judi:


No...I am the wicked witch!


Art will be right here. Prepare to burn, my pretty!!!!!!!!!

Message edited by author 2009-10-25 21:31:44.
 10/25/2009 10:03:59 PM · #106
I've got this thread on "Watch" so I can't wait to hear the rest of the story. Good luck in whatever you pursue Doc.
 10/25/2009 11:56:14 PM · #107
Good Luck Jason! I hope this gets resolved quickly and easily for you. I think I would be a little bit aggravated if my child's picture was on a billboard on teh other side of the world. hope all turns out well.
 10/26/2009 01:48:36 AM · #108
Originally posted by vawendy:
Actually, I was kind of surprised that you can just right click and save an image. They should at least turn off that capability.

An aside, but I like this feature. When people ask for comments or help on an image, I can drag it into Photoshop and play with it then provide it back to them with suggested things they can try.

On topic - good luck, Jason. Normally I'm off the "we WAY over-litigate in the US" mindset - everyone wants that quick payday, don'tcha know, but in this case I think you have the right to pursue some sort of compensation or the removal of the image if you don't wish your daughter associated with the venture.
 10/27/2009 01:58:46 PM · #109
So here's a question. When I move on the deal with the agency which sold my image to begin with (not the childcare company), are we moving into a realm of potential criminal charges or does it remain a copyright issue? Part of me thinks we may be talking about fraud (or some synonym) instead of infringement.
 10/27/2009 02:02:22 PM · #110
On your end of things, I would think it would still just be infringement. If the people that bought it wanted to seek action against them (selling them a shot they represented as legal), it might be considered fraud of some kind.

I guess a worse case scenario is that you sue the agency and the childcare company. The childcare company then also sues the agency to recoup the damages that your suit inflicted upon them.

But, then, I have no idea what I'm talking about -- my information and legal background comes from Judge Judy and the ilk. :P
 10/27/2009 02:06:26 PM · #111
Originally posted by DrAchoo:
So here's a question. When I move on the deal with the agency which sold my image to begin with (not the childcare company), are we moving into a realm of potential criminal charges or does it remain a copyright issue? Part of me thinks we may be talking about fraud (or some synonym) instead of infringement.

Um..

Wouldn't it kind of make sense to pursue this on the level of a child care company using the image of a minor without authorization?

To me, that's kind of the crux of the issue, and the copyright infringement is just a go-along as a further example of blatant irresponsibility.
 10/27/2009 02:17:17 PM · #112
Don't get me wrong Jeb, I am dealing with the childcare company now and we are likely to reach an amicable agreement which allows them to use the photo. However, the real crime being done is by the company that took the picture and sold it as their own. Dealing with them is step two. But having an idea of the legal jeopardy they face is good info for making demands. As it stands, it's possible (although I don't know) they have committed a crime by selling an image they don't have the rights to. If I were to provide them with the rights to use that photo it seems like any possible criminal complaints disappear. That's no small issue.
 10/27/2009 02:23:32 PM · #113
Originally posted by DrAchoo:
Don't get me wrong Jeb, I am dealing with the childcare company now and we are likely to reach an amicable agreement which allows them to use the photo. However, the real crime being done is by the company that took the picture and sold it as their own. Dealing with them is step two. But having an idea of the legal jeopardy they face is good info for making demands. As it stands, it's possible (although I don't know) they have committed a crime by selling an image they don't have the rights to. If I were to provide them with the rights to use that photo it seems like any possible criminal complaints disappear. That's no small issue.

I'm just stunned that nobody in the childcare firm thought of this at all.

With the CASA organization I work with, absolute, stringent cross-checking is paramount.

You cannot have so much as one whisper of impropriety when you work with kids.

Even if it was completely unintentional, it's still unacceptable.
 10/27/2009 02:35:30 PM · #114
You might want to take a look at that case from a couple of years ago where a teen girl's image was used as part of Virgin's ad campaign in Australia...if nothing else, then for precedence. It was a bit more subtle because the photographer had licensed the image on Flickr under the Creative Commons license, but did not have a model release for the girl when he sold it to the ad agency.
 10/27/2009 02:36:35 PM · #115
Originally posted by Spazmo99:
You might want to take a look at that case from a couple of years ago where a teen girl's image was used as part of Virgin's ad campaign in Australia...if nothing else, then for precedence. It was a bit more subtle because the photographer had licensed the image on Flickr under the Creative Commons license, but did not have a model release for the girl when he sold it to the ad agency.


Thanks Dan, I faintly remember that case. I'll try to Google around for it.
 10/27/2009 02:52:26 PM · #116
Man, takehome from that expedition is not to post your images on Flickr...
 10/27/2009 03:39:00 PM · #117
Originally posted by DrAchoo:
Man, takehome from that expedition is not to post your images on Flickr...


I thought the take home message was don't license photos of people you don't have model releases for. but I could be wrong. I thought the take home from your story was to not have cute kids in the first place.
 10/27/2009 04:13:15 PM · #118
Originally posted by yanko:
Originally posted by DrAchoo:
Man, takehome from that expedition is not to post your images on Flickr...


I thought the take home message was don't license photos of people you don't have model releases for. but I could be wrong. I thought the take home from your story was to not have cute kids in the first place.


It's that wide world interweb dub dub dub thingy. Nothing but trouble I tell ya! ;-)
 10/27/2009 04:25:47 PM · #119
Originally posted by DrAchoo:
Man, takehome from that expedition is not to post your images on Flickr...

No, the takehome is to watermark anything that you put on the internet.

10/27/2009 04:40:06 PM · #120
Originally posted by karmat:
On your end of things, I would think it would still just be infringement. If the people that bought it wanted to seek action against them (selling them a shot they represented as legal), it might be considered fraud of some kind.

I guess a worse case scenario is that you sue the agency and the childcare company. The childcare company then also sues the agency to recoup the damages that your suit inflicted upon them.

But, then, I have no idea what I'm talking about -- my information and legal background comes from Judge Judy and the ilk. :P

I think this is right -- the company selling the photo commited infringement against the photographer and defrauded the image purchaser/licensee.

Maybe part of the deal with the childcare agency can be to have their legal team pursue your infringement case on your behalf. I don't think your licensing the image directly to the childcare agency would affect either of those situations.

And, sorry, but I don't think Nolo Press covers Australia, though their books on copyright may cover the international aspects, at least regarding signatories to the Berne Convention. You might also look into aquiring a copy of Bert Krages' (the lawyer who puts out The Photographer's Rights pamphlet) Legal Handbook for Photographers -- since you have gallery sales, you should be able to write it off as a business expense.

Message edited by author 2009-10-27 16:43:19.
 10/27/2009 04:41:24 PM · #121
Originally posted by AperturePriority:
Originally posted by DrAchoo:
Man, takehome from that expedition is not to post your images on Flickr...

No, the takehome is to watermark anything that you put on the internet.


no, the takehome is sweet & sour chicken w/ two egg rolls and wasabi... wait.. is this the right thread?
 10/27/2009 05:20:49 PM · #122
Originally posted by totaldis:
Originally posted by AperturePriority:
Originally posted by DrAchoo:
Man, takehome from that expedition is not to post your images on Flickr...

No, the takehome is to watermark anything that you put on the internet.


no, the takehome is sweet & sour chicken w/ two egg rolls and wasabi... wait.. is this the right thread?


oooh!! that's sounds good! I'll have two (skip the wasabi)
 11/04/2009 10:14:35 PM · #123
Our best friends from Vancouver moved to Papua New Guinea recently to do missionary/humanitarian work. Lynne is pregnant and they have travelled to Cairns to have the baby. Lo and behold, they spotted Laine on a 10' x 14' sign. They promised to take a picture with them in it for me. Jeremy said that even though they were aware the signs were out there somewhere in Australia, seeing it was a real trip.
 11/04/2009 10:48:17 PM · #124
Any updates on what is happening re the image being used without permission
 11/04/2009 10:50:12 PM · #125
Originally posted by Hifi:
Any updates on what is happening re the image being used without permission


They told me they'd have a contract ready for my review tomorrow. I'm crossing my fingers it all goes through.
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