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Thread started 08 Feb 2011 (Tuesday) 11:41
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Copyright Infringements and a 5 year old....

 
digirebelva
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Feb 09, 2011 07:10 as a reply to  @ post 11807197 |  #16

And sometimes it's not what you do it's what you DON'T do that trigger people.
I had a person at work that thought I hated them simply because when I was doing work on their system I had something else on my mind and my facial expression was not a happy one...I know this because the person confronted me with "Why do you hate me"...later...WTH. I hardly know the person and have very little dealing with them, but that didnt stop them from making an assumption...just saying;)


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S.Horton
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Feb 09, 2011 10:36 |  #17

I think you need to speak with this person and ask her why she's doing that.

Let her explain.

Can't hurt.

If you can find a way to get some photo credit, let it go.

Bad customer experiences travel 9X faster than good experiences.

That said, worst case, they put on the shirts, you're a nice guy, and you get PR for free.


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MOkoFOko
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Feb 09, 2011 10:38 |  #18

cdifoto wrote in post #11807197 (external link)
Actually, if this makes it into the legal system it will be very important to know what he did. Her defense will include cause & effect and all that stuff.

OP had to have done something pretty out there to be hated this much and to hate the woman that much. It takes a lot of time & energy to mount an anti-campaign. Heck even the logo designer is on the woman's side in this.

I've met a few crazies in my time. It doesn't take much to set off some people, and from there, a simple escalation is enough to gain their full attention. Even the crazies need a hobby.


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Executive ­ Images ­ Photo
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Feb 09, 2011 20:56 |  #19

Mike R wrote in post #11802445 (external link)
Maybe you should have let her use the pic, with the condition that she have a link to YOUR website, and in turn you would have a link to hers. If she thought the photo was garbage, she wouldn't want to use it since it would make her work look bad.

Red Tie Photography wrote in post #11802455 (external link)
What did you do to piss these people off?

Michael Cheddar wrote in post #11802514 (external link)
^I'm curious too.

SnapLocally.com wrote in post #11802629 (external link)
Yeah... yeah!

jra wrote in post #11802630 (external link)
LOL.....that's what I was thinking....what on earth did you do to make people so mad at you that they're willing to make and wear t-shirts to denounce you? Certainly you can't be totally innocent here ;)

cdifoto wrote in post #11807197 (external link)
Actually, if this makes it into the legal system it will be very important to know what he did. Her defense will include cause & effect and all that stuff.

OP had to have done something pretty out there to be hated this much and to hate the woman that much. It takes a lot of time & energy to mount an anti-campaign. Heck even the logo designer is on the woman's side in this.

How it started was because her ex GF and I were friends and she thought that us being friends ment we were ****ing. Not the case. I said "We were friends when you two were dating so just because you break up with her doesnt mean I cant be her friennd" After that she started her rampage. This girl is nuts. She is literally doing all this just to make me look bad. Making up rumors, saying that Im not a real photographer (not sure what the **** that ment), and saying that I just try to get girls naked so I can jerk off to them later. Yea really its that childish.

The main thing I want are my pictures taken down. A person who asks like this should not get the privilege of using my pictures to promote her work.

MOkoFOko wrote in post #11806904 (external link)
Unless he has horns growing from his head, or managed to steal christmas, no one is deserving of that level of punishment. It sounds to me like this woman is absolutely bonkers--I'd have to assume that she has some hippie fans, and she's encouraging them to stand in for her to disrupt his business. The question isn't what HE did, the question is what he can do to make the crazy lady go away.

Agreed.

S.Horton wrote in post #11808471 (external link)
I think you need to speak with this person and ask her why she's doing that.

Let her explain.

Can't hurt.

If you can find a way to get some photo credit, let it go.

Bad customer experiences travel 9X faster than good experiences.

That said, worst case, they put on the shirts, you're a nice guy, and you get PR for free.

There is no talking. She thinks she is "hood" so she get all gangster and wants to "pop a cap in my ass" lol

But I dont want her involved in anyway with my business. She has been arrested for Theft of THOUSANDS of dollars from her mom and grandma. Her mom even as disowned her. If she is willing to do that to her own family what is she willing to do to my business? :(


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TheBurningCrown
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Feb 09, 2011 21:09 as a reply to  @ Executive Images Photo's post |  #20

cdifoto wrote in post #11807197 (external link)
Actually, if this makes it into the legal system it will be very important to know what he did. Her defense will include cause & effect and all that stuff.

I don't think it matters. She's infringing on your copyright, which means she broke the law. I don't see any way in which this could be considered fair use (but IANAL), so you probably have a pretty open-and-shut case.

Facebook has a DMCA removal form which you can use, and if you think this might escalate contact a lawyer.


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Feb 09, 2011 21:40 |  #21

TheBurningCrown wrote in post #11812356 (external link)
I don't think it matters. She's infringing on your copyright, which means she broke the law. I don't see any way in which this could be considered fair use (but IANAL), so you probably have a pretty open-and-shut case.

Facebook has a DMCA removal form which you can use, and if you think this might escalate contact a lawyer.

Yea all I gotta do is let facebook know I am proceeding legally within 10-14 days and they will keep it off her site. If I dont in that matter of time they will return the photos to her page. Thats why im asking everyones opinion. Trying to decide what I want to do.


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baccaruda
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Feb 10, 2011 10:16 |  #22

Sounds like you need a restraining order against her.
It also sounds as if she can sink her own ship as long as you keep your cool at all times. If you've described her accurately, then her behavior will speak for itself as long as you let it. Good luck.




  
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Fernando
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Feb 10, 2011 10:53 as a reply to  @ baccaruda's post |  #23

Unless she says you're trying to profit from her art. She painted the bike right?


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Feb 10, 2011 13:42 |  #24

baccaruda wrote in post #11815279 (external link)
Sounds like you need a restraining order against her.
It also sounds as if she can sink her own ship as long as you keep your cool at all times. If you've described her accurately, then her behavior will speak for itself as long as you let it. Good luck.

Im strictly professional about the whole thing. :)

Fernando wrote in post #11815541 (external link)
Unless she says you're trying to profit from her art. She painted the bike right?

She painted the bike yes but she doesnt "own the paint". Plus she was paid to paint the bike so she has no say in anything. Thats like saying every car I shoot I need to call the automotive company and ask them who painted the car.

The point is that she is only doing this to get a rise out of me. Well she is gunna get a rise....straight into court. :)


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TheBurningCrown
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Feb 10, 2011 15:57 |  #25

Executive Images Photo wrote in post #11816587 (external link)
She painted the bike yes but she doesnt "own the paint". Plus she was paid to paint the bike so she has no say in anything. Thats like saying every car I shoot I need to call the automotive company and ask them who painted the car.

No...I think he is asking whether or not the painting on the car is a work of art or not. Was it a straight-forward solid paint job? Is there anything significant about it? If so, what?

She doesn't "own the paint" but she might "own the work." It's more like saying every time you shoot in an art-gallery you might need to contact someone to make sure your work doesn't approximate a reproduction.

Again - IANAL, so take this with a really big grain of salt :p.


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Fernando
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Feb 10, 2011 17:22 |  #26

TheBurningCrown wrote in post #11817450 (external link)
No...I think he is asking whether or not the painting on the car is a work of art or not. Was it a straight-forward solid paint job? Is there anything significant about it? If so, what?

She doesn't "own the paint" but she might "own the work." It's more like saying every time you shoot in an art-gallery you might need to contact someone to make sure your work doesn't approximate a reproduction.

Again - IANAL, so take this with a really big grain of salt :p.

This.


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Gomar
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Feb 10, 2011 19:37 |  #27

Executive Images Photo wrote in post #11801864 (external link)
I did a shoot for a friend of mine with him and his motorcycle which was freshly repainted. The person that did the painting of the motorcycle

ok, so if a painter paints my house, say purple and green stripes, and I use it as background for a photo shoot or a wedding, does the painter have a right to use the photos to promote his house painting biz? Nope! So, tell the person to remove your photos or you'll sue for copyright infringement, and false advertising,




  
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Feb 10, 2011 20:09 |  #28

TheBurningCrown wrote in post #11817450 (external link)
No...I think he is asking whether or not the painting on the car is a work of art or not. Was it a straight-forward solid paint job? Is there anything significant about it? If so, what?

She doesn't "own the paint" but she might "own the work." It's more like saying every time you shoot in an art-gallery you might need to contact someone to make sure your work doesn't approximate a reproduction.

Again - IANAL, so take this with a really big grain of salt :p.

Fernando wrote in post #11818010 (external link)
This.

See below

Gomar wrote in post #11818917 (external link)
ok, so if a painter paints my house, say purple and green stripes, and I use it as background for a photo shoot or a wedding, does the painter have a right to use the photos to promote his house painting biz? Nope! So, tell the person to remove your photos or you'll sue for copyright infringement, and false advertising,

Exactly.

Just because someone does work for you doesnt mean they hold any rights to your propety. The painter was paid to paint the bike. The bike is a camo design of strippers with guns. Green, White, and gray. Looks like overlapping stickers.


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karobinson
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Feb 10, 2011 20:16 |  #29

When do these people graduate highschool?


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TheBurningCrown
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Feb 10, 2011 20:20 |  #30

Executive Images Photo wrote in post #11819124 (external link)
Exactly.

Just because someone does work for you doesnt mean they hold any rights to your propety. The painter was paid to paint the bike. The bike is a camo design of strippers with guns. Green, White, and gray. Looks like overlapping stickers.

...you're missing the point. If you extend this logic it means that just because you took pictures of this bike doesn't mean that they're your pictures (you gave them to your friend, right?). Just because you shot pictures for somebody doesn't mean that you own them. Except that copyright doesn't work like that.

From your description it's not clear whether the paint on the bike is defined as a work of art or not. From your (albeit lacking) description she might have a case that you were infringing on her rights by using her work to promote yourself...

She's clearly in the wrong for using your photos, the question is whether or not you are as well.

But again - IANAL! :p


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