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   Copyright Cystal Ball
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   Author  Topic: Copyright Cystal Ball  (Read 678 times)
Deb
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Copyright Cystal Ball
« on: Oct 27th, 2006, 1:42pm »
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Heres a question,
 
Has the internet gone mad
 
A friend of mine has a small company - very small.  A friend of his did a website for him. They checked all the pictures they used by searching the internet, the pictures, the locations they were obtained from and the properties of the images to see if they were subject to raylaties etc... they couldn't find anything - they took every precaution not to use anything protected - there was absolutely no intent whatsoever.
 
Now they have had a letter - no warning to remove the picture as it is subject to royalties or anything- it's been on the web for 3 or 4 months... and they have been treatened with legal action and slapped with a demand for nearly £1600.00 total for a photgraph of a desk!
 
Can anyone shed any light on this insanity - how on earth are you supposed to know when something is royalty based!!!!!!!!!! - for goodness sake - it's a photgraph of a desk! - hardly "art work"...
 
Has copyright etc gone too far!!!!! Yes - I believe that people should have their work protected - but - £1600.00 for having a picture on a sole proprietor business web site, small company, when the picture has only been up for a few months....  nice work if you can get it.
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Bill Richards
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Re: Copyright Cystal Ball
« Reply #1 on: Oct 27th, 2006, 1:52pm »
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Unfortunately, merely creating the photograph (triggering the shutter) creates a copyright (by virtue of its being in memory and viewable on the screen).  Although it's "only a desk", the photographer would argue it took creative input to make the picture.  (For example, placement of the articles in the picture, the lighting, the exposure time, and cropping all come into play.)  It's just not possible to wade through what rises to a certain level of creativity to be afforded protection.  (Beauty is in the eye of the beholder.)
Don't dispair, however.  Check with an attorney who can help you through this.  Just because they've asked for a large sum of money doesn't mean you'll wind up paying it or that they won't accept less.  Just do not ignore it!  Contact someone who can help.
« Last Edit: Oct 27th, 2006, 1:54pm by Bill Richards » IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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