re: Copyright Violation - Please address Immediately

re: Copyright Violation - Please address Immediately

Normally, I would send my question directly to the legal department or hosting agent, but this is how my search was directed.

Please instruct the person who posted a photo of my kitten in their personal blog/photo album down. The person had the audacity to claim that the photo was "Publicly Available". I pay photographers to take photos and they belong to my website. It costs me time to "sign up" just to get to the bottom of these situations.

Please prohibit the following photo from being shown on your blog site at:

http://my.opera.com/dilektosun/albums/showpic.dml?album=566420&picture=7850219

When the appropriate person has this done, please submit an email to me at www.flamepointcat.com/email

Thanks in advance,

Mary Burkwit

owner

Well, suffice it to say I'm no lawyer... however, the image is "<a href="http://www.flamepointcat.com/photos/pa/paw08.htm">Publicly Available</a>" and funnily enough, on that particular page there is (as of this writing, and presumably when Dilektosun saved the image) no "<i>©2009 All rights reserved.</i>" type tags, nor is there any on the <a href="http://www.flamepointcat.com/photos/pa/paw08/a_PeteKittens%20057_web.jpg">image</a> itself... and further still, no mention of any limitations on the use of the images on that page, or on any other page that I could find (without going to every single one).

However, that doesn't mean that Dilektosun necessarily has the right to keep the image available after being contacted by yourself, and he also gave no credit to your site.

Just because an image is posted online does not make it public domain. The original images are marked with the name of the website and dilektosun clipped it off ... however copyright cases are supposed to be handled via the contact form (last I've heard anyway) - or of course sending the user a private message.

Originally posted by AmbientReview:

I have run into this before at other sites.. where users are posting images they like on their home pages.. or within their albums. I noticed one of the images (fantasy artwork) and contacted the poster company who distribute the said posters. I was informed to report all images (their images) back to them and the name of the site.. In other words the CEO of the poster company didn't like the idea of having their images posted at an unauthorized site.

As with my case.. I'm using album covers from the artist i feature from direct sites by said artist.. After acquiring permission from a number of artist, musicians and composers themselves.. and posting their remarks on/within my blog.. to verify that I personally can use their images from their own home pages.

As indicated below:

http://my.opera.com/CurrentStatusOfDrone/blog/show.dml/11216361

http://my.opera.com/CurrentStatusOfDrone/blog/show.dml/11218301

http://my.opera.com/CurrentStatusOfDrone/blog/show.dml/11216951

Granted this is just three post on my page allowing me the use of these artist images and I'm still awaiting others to email me with their approval.. However.. My own personal feelings about this issue (as a photographer) the posting and reposting of your images at other sites should be viewed as "flattery". But if one doesn't want their images reposted somewhere else.. then DO NOT put anything on line.. A simple and easy way to avoid having your images, text and data from being compromised or plagiarized.

Exactly, this is the internet. Posting a picture on the internet, (whether you “own’ it or not) and then bitching about others downloading/posting it is a lost cause
Once posted, it is already beyond your control. Deal with it!!!
Also, if you have issues with a MyOpera user, you should take it up with the said user,
its not Opera’s problem


Welcome to the internet, have a nice day

Originally posted by Vectronic:

Well, suffice it to say I'm no lawyer... however, the image is "Publicly Available" and funnily enough, on that particular page there is (as of this writing, and presumably when Dilektosun saved the image) no "©2009 All rights reserved." type tags, nor is there any on the image itself... and further still, no mention of any limitations on the use of the images on that page, or on any other page that I could find (without going to every single one).

However, that doesn't mean that Dilektosun necessarily has the right to keep the image available after being contacted by yourself, and he also gave no credit to your site.

In all countries that are members of the Berne Convention copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights. -- http://en.wikipedia.org/wiki/Copyright#Obtaining_copyright

You don't need © It hasn't been needed in ages, which is good.

Strange thing that some people have the mentality that you can take everything that isn't nailed down.

If you see something nice, which you would like to use (and doesn't fall under the Fair Use) you can just ask for permission. Either you get "no", "yes" or bill which you can pay and then you can do what ever you agreed with the author.

Originally posted by Leevi:

You don't need © It hasn't been needed in ages, which is good.

Strange thing that some people have the mentality that you can take everything that isn't nailed down.

If you see something nice, which you would like to use (and doesn't fall under the Fair Use) you can just ask for permission. Either you get "no", "yes" or bill which you can pay and then you can do what ever you agreed with the author.

That's not the point here at all. The point is that people who are beyond a certain age seem to have no understanding on how the internet works (and has worked for years)
People like you Leevi, and this “kitten” guy/woman, who pay people to take pictures of cats(really?), need a few lessons on the interweb

Originally posted by Muttsfan:

That's not the point here at all. The point is that people who are beyond a certain age seem to have no understanding on how the internet works (and has worked for years)
People like you Leevi, and this “kitten” guy/woman, who pay people to take pictures of cats(really?), need a few lessons on the interweb

Someone paying for someone to do something? What an odd concept indeed, I highly doubt that it will ever catch on.

True, when you upload something it's not 100% under your control anymore. However, if you notice that someone is using your stuff without a permission and you don't like it, you can tell them to stop. Most people would agree and remove it if told to.

Originally posted by Muttsfan:

Also, if you have issues with a MyOpera user, you should take it up with the said user,
its not Opera’s problem

If the user ignores the demand to remove the "borrowed" stuff, then it is up to My Opera.

Yer gittin' yer knickers twisted over a pitcher of a kittin?



PuuuhhhhhLLleeeeeeze.

Copyright in our times is a messy, all-but chaotic subject… And I don't really have much to say, here. But I'd like to thank AmbientReview for the link to Robert Rich's page.

Interested parties might enjoy reading Spider Robinson's Melancholy Elephants.

This seems to be getting a little out of hand ... suffice it to say, My Opera does try to respect the rights of copyright holders, and if the original poster contacted them via the contact form with a takedown notice then it will be taken care of. The rest of this discussion belongs in D&D or a similar forum, and therefore thread closed.