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FORUMS Marketplace & Market Info Market Watch 
Thread started 13 Apr 2016 (Wednesday) 09:57
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BE ON THE LOOKOUT! STOLEN GEAR!

 
absplastic
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Apr 19, 2016 12:34 |  #31

carpenter wrote in post #17977152 (external link)
lensrentals.com does. 10% replacement cost deductible (replacement cost, not new cost) but it covers complete loss or theft and pretty much anything else.

Oh right, I forgot they have 2 tiers. The low 10% price point suggests photographers are generally honest, which is reassuring.


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Peter2516
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Apr 22, 2016 02:03 |  #32

It sounds like you are pretty sure who took them, You mentioned that you already asked him (your cousin) and he denied it. Why not press some more and maybe in the end he may just tell you the truth if he really stole it and it could be still in his possesion. I hope you get it back.


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adamo99
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Apr 28, 2016 11:53 |  #33

ExplicitSnow wrote in post #17971692 (external link)
---------------
I assume he's claiming copyright issues because the images from MotoGP I have are majority shot with the camera/lens I rented from him...
Is there any validity in this claim?
Thanks


---------------RENTAL AGREEMENT Part 11---------------
11. Possession and Surrender

The customer is in possession of the equipment, and fully responsible for the equipment, from the time the equipment is delivered to the location at the address supplied by the customer as the shipping address, excluding apartment or unit numbers, until the equipment is received by "online supplier". All packaging material is the property of "online supplier" and the customer will be charged a replement fee if it is not returned. Notification of a shipping container being received by "online supplier" from the Customer is not an acknowledgment that "online supplier" is in possession of the equipment and accessories, or to the condition of the equipment. "online supplier" reserves the right to delay acknowledgment of the return of the equipment until the contents of shipping containers have been examined.To discourage customers from not returning on time, "online supplier" retains ownership and copy write of all images produced by the equipment after the end date of the rental.

The Customer is in possession of the Equipment when the customer or a person or entity associated with the shipping address signs for the delivery of the equipment or takes possession of the equipment, including but not limited to family members, roommates, doormen, rental offices, mail rooms, or any other person at the shipping address.

On or before the Return Date, the Customer shall surrender the Equipment to "online supplier" or a shipping agent, including all accessories, attachments, instruction guides and manuals, by delivering the Equipment to "online supplier", "online supplier" agent, FedEx, UPS, or the US Postal Service in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Lease.

The Customer shall not deposit the equipment in self-service collection devices (drop boxes). All equipment will be surrendered at staffed shipping locations. The Customer will obtain a receipt from the shipping agent as proof that the Equipment has been surrendered.

He's not claiming anything. The text in bold is crucial here- it merely deters a photographer from claiming that the items were lost/stolen, and keeping them, and continuing to use same for commercial purposes.

If the thief is using the camera to take photos now, the rental company owns the copyright to those.




  
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absplastic
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Apr 28, 2016 12:13 |  #34

adamo99 wrote in post #17988225 (external link)
If the thief is using the camera to take photos now, the rental company owns the copyright to those.

They don't in this case, because 1) the thief didn't sign the contract** and 2) it's not a valid legal clause; you can't just redefine U.S. copyright law in your TOS. Businesses should really hire lawyers to write up their contract agreements, especially if they don't even know how to spell copyright.

**I'm talking about this particular incident where the alleged thief is not the one who rented the gear.


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Blaster6
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Jun 22, 2016 08:07 |  #35

bps wrote in post #17971708 (external link)
Steven,

From a consideration standpoint, it's generally not cool to display other people's full name, email address, and phone number on a public post unless you have their permission...

I am late to the conversation so I missed the post before the edit. I would like to know the name of the rental company.

I don't need the contact information but I think everyone here at least wants to know what rental company this is.


No, I never claimed to be outstanding in the field of photography. I said I was out standing in the field taking photos.

  
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Nathan
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Post edited over 2 years ago by Nathan. (2 edits in all)
     
Jun 22, 2016 08:37 as a reply to  @ adamo99's post |  #36

The sentence in the contract can be interpreted a couple of different ways.


  1. The most obvious interpretation would construe the clause to mean that ownership and copyright of images produced after the rental period by the said equipment would be held by the lending company. This would certainly deter the borrower from continuing to use the equipment after the rental period. Under this interpretation, the rights to images produced during the rental period are not affect.

  2. I think it would be a flimsy interpretation to read the clause to mean that if the equipment was not returned on time, then all ownership and copyright of images taken during the rental period would revert to the lending company. This would accomplish the deterrence goal, but this meaning isn't clear in the plain reading of the sentence. It would also mean that all borrowers who have ever returned equipment a day late have all signed over their ownership and copyrights of images and it's a backdoor way for the lending company to obtain image rights. Courts aren't likely to accept that outcome.

The lending company is interfering with your right to recover payment for your services if they reached out to the publishing company claiming copyright issues. That would appear to create direct monetary damages and reputational harm to you.

Considering getting legal advice if this carries on. Sorry you have to deal with this issue, too.

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