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-   -   SOMEONE IS USING MY PICS ON THEIR SITE WHAT SHOULD I DO? (http://www.peachparts.com/shopforum/off-topic-discussion/18918-someone-using-my-pics-their-site-what-should-i-do.html)

Benzman500 06-05-2001 03:30 PM

I found today on a w126 that almost every picture on my website for the 500 has been taken and used with out my consent. What should i do? i thank you for any help.

Benzman500 06-05-2001 03:41 PM

Any w126 owners take a look here
http://www.fortunecity.com/silverstone/fastlane/803/frame.html
i know i have seen most of these cars on other websites.

Ashman 06-05-2001 04:41 PM

Put a disclaimer ont he botom of your site.

Copyright Dan Younes 2000, 2001 etc. All material is copyright and may not be used without express written consent blah blah blah.

And once you have it on your site, Send a Letter tot he webmaster of that site telling them to cease from using your material.

If that does nto work, E-mail Geocities or whoever he is using to host the site and tell them that the stuff that he is usuing on his site is yourmaterial and is copyrighted.

I think the way copyright works on the internet is "You made it you own it" But I am not sure.

GEnerally I don't car if people use my personal pics and such on their sites, but if they steal from my business then I go all out to get things taken down that should not be up.

Alon

Kuan 06-05-2001 06:00 PM

There are other disclaimers you might want to consider. You may want to:

Restrict permissable use of material
Disclaim responsibility for errors
Disclaim all implied warranties
Disclaim responsibility for materials at linked sites

The way internet copyright works is this. As soon as the work is completed, a copyright is attached. You may or may not want to file for federal registration. Federal registration preserves statutory damages and right to legal fees if you successfully sue someone. Bear in mind that copyright notice is not a requirement to maintaining copyright protection, but it is a good idea to include copyright notice in your work.

To be effective this must contain three things.

1) the "C" in a circle, the word "Copyright" or "Copr."
2) the FIRST year of publication
3) your FULL name

Good luck, and normally a simple email will do the trick.

Kuan

nellotare 06-05-2001 09:59 PM

gray areas
 
Hello y'all,

Well, this has become a "gray" area all over the internet (since it's a "new" medium.. but let me see if I can give you some info regarding other areas. I am in the broadcasting/entertainment area, and the following applies.

If person A uses material from person B for monetary gains, (without the permission of person B) then person B has a "claim" to "stop" person A, or receive monetary gains also. In other words, it all centers around "making money"! If, in this case, person B has a copyright on the material, then the "claim" is rather clear. If no copyright, then we enter the "gray" area.. but person B has a heckofaburden to prove.

As an example. Remember, "making money" is the key phrase. If you come to Wilmington NC and take the horse and buggy ride.. it comes down my beautiful historic street of red bricks and you might see me and my Russian Blue cat sitting on the porch. If you take a picture of the front of my house and us.. and if you take it home, share it with your friends, put it on the internet.. whatever.. that's fine. But, if you make a poster of the pic and sell it for, let's say $5.00.. then we have a problem. You have used my house, me, cat etc. to make money WITHOUT our permission.. (that permission is called a "release form".. and I've signed many) ..that is the problem that is covered by the laws of copyrighted material. Kuan may send me a recipe that I use/share with friends.. that's OK. But if I use his recipe in a publication and MAKE MONEY without his permission, then he has recourse. Any email/picture etc. that you post belongs to everyone, not you. After all, you sent it to me, then it's mine to do with as I please. As long as I don't "make money" (such as charging someone to enter the website with your pics.), then it is still considered "private" use. The NFL says it clearly.. for the "private" use.. meaning bars can't charge you to come in a see the game.. or tapes can't be made to sell to others without written permission from the NFL.

If no one could exchange ideas about cooking/decorating/remodeling houses/car reapair.. or if everyone taking pics on vacation had to pay everyone on the beach that was in the pic, then we would be in bad shape. Again, the key phrase is "if someone makes money" from another's material.

So, in answer to your original question.. what to do? If he's not charging someone to go to his website, then you have no complaint... BUT, I agree with Kuan and Ashman.. email the person.. if you want "credit" for the pics, asks if he'll give you credit. If you want them removed, then try the webmaster. Some people feel "flattered" that their pics were used, others are "irked".. but there is, apparantely, software out there that can somewhat eleminate the "irked" factor. Recently I have seen "embedded" on the photo (internet) the URL or even "photo by xxxx". One cannot use the photo on any site without these words showing to the viewer. And just this week, I was on a site that if you right-clicked on a picture, then you got a small screen that said "pics are $5.00, please see webmaster". I don't know how much this software costs, where to get it, or how much it entails.. but it's out there.

I hope I haven't upset any apple carts.. and I hope you and everyone involved can come to peaceful terms and all is resolved. Plese let us know what happens.

[Edited by nellotare on 06-05-2001 at 10:02 PM]

Benzman500 06-05-2001 10:15 PM

I got it worked our I emailed him and he sade he would take it off. I have embeded the site my name and other stuff on the new pages i guess its time to go back to the old ones.
THANKS FOR ALL THE HELP

nellotare 06-05-2001 10:21 PM

glad everything worked out OK. I finally went to the site and the "vibes" I was getting were not "bad".. I think the owner of the site just wanted to "brag" about 126s like we do here and your pics were perfect examples.. again, glad it all worked out fine.

nellotare 06-05-2001 10:32 PM

Dan,

...just went to your website and saw you poking out of the sunroof.. how do you get your feet on the accelerator? :) It is nice that you have pics preserved from long ago, and even nicer that you share them.


Benzman500 06-05-2001 10:34 PM

It was not the diesel pics i was upset about it was the 500. We no longer have the diesel so i have few rights to them. Thanks I don't think i did much reaching for the pedals then. I am lucky my dad let me near the car

Benzman500 06-05-2001 10:36 PM

I understand he wanted to brag but he had amlost every pic of my site without asking. Thats all that made me upset

nellotare 06-05-2001 10:47 PM

If I had put the work into a web page and someone copied my pics without asking, I would be most upset.. again, glad it was an ending that was peaceable. How did you "embed" the info into your photos? Can we all do that on ours?

Ashman 06-05-2001 11:00 PM

Dan, Glad you got it worked out. The best course of action is always to E-mail the person first. When that yields no results, then its time to take action.

I have had people's sites shut down before on the free services for copying material from one of my various sites.

The popup you saw asking telling about pics costing $5.00 is actually a simple script. You insert the script, and when someone right clicks on a picture it can display a message.

I used something similar on my site. Right click and you will see nothing happen, no menu, nothing. This is to stop people from using my pics without my consent easily. :) OF course anyone can try to get to the source code to find the links.

I have seen some great scripts out there. Some for encrypting source code, to some fo rdoing cool effects.

Check out http://www.dynamicdrive.com for a bunch of really cool scripts and effects you can add to your site.

I used a few on my site and they are very cool if you ask me. Though I might decide that the one is annoying. :) hehe I just haven't been annoyed by it yet.

Alon

Benzman500 06-04-2002 08:53 AM

Just checked the site out again my pics are back up time for another email

Ashman 06-04-2002 05:11 PM

Dan. I suggest this time you tell him that if he wants to use the pics, they must link to your site so if people click on them, they will get taken to your site. I also suggest that if you allow him to use them, that he give you credit for your pics, I.E. Pics from Dan Younnes with E-mail etc.

That would then give you the credit so he doesn't get your glory. :)

Alon

pentoman 06-04-2002 06:34 PM

Anyone else get

This Web site is unavailable.


at Benzman's site?
I get it for all of them, actually..


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