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  people on eBay using photos without permission
From: "ExoticRainforest" <Steve at ExoticRainforest.com> on 2007.06.30 at 19:57:14(15909)
I received a disturbing note from Windy Aubrey in Hawaii this
afternoon. Someone on eBay has been using one of Windy's photos to sell a
Philodendron sp. They told her they got the photo from me.
If they did, I'm not certain how!

photos. I almost always say yes. And from time to time I find my
photos on eBay without anyone asking for permission. I send a gentle
scolding note to the user asking for credit. That usually ends

Windy does allow me to use her photos from time to time and I
credit her as do I with all the other good folks who loan me photos for the
website. I've got notices at various points on the site that the photos
are copyright protected and ask to be contacted before any reuse.
Apparently, many folks now believe if it is on the internet it is public
property. That is simply not factual! Starting today I'm
adding this message to every page on the site:
Images on this website are Copyright
protected. They are not in the public domain! Contact us before
attempting to reuse.

All photos anyone creates are the copyrighted property of the
creator at the moment it is taken. There are steps you must take under
Federal Copyright Law to protect your copyright in a court of law but you
legally own it the moment you take it! By not protecting your copyright
all you loose is the right to sue for attorney's fees in addition to
damages. That's all! You do not loose the right to sue! I'm a
retired professional photographer and use without permission is a big no-no in
the pro photographer community! I know of one lawsuit that ended it a
court ordering a payment of over $100,000.00 for using one image without

I'm relatively certain most people that use this board
are descent folks. But I know some do sell plants on eBay. Please
understand, if you wish to use one of my photos I'll almost certainly give you
permission provided you give me credit when and where you use it. If
someone else owns the photo on my site I'll give you a contact and you need to
ask their permission before just using it! There can be legal

This is absolutely no threat! But you should know that I
have sued folks for using my photos and have settled for fees of as much as
$5,000 for unauthorized use. Other photographers have received much
more! I once had to go to court and the user was forced to withdraw his
advertisement, pay damages, pay all legal costs, destroy all his original ads,
and pay me a large fee. He didn't even use my actual photograph. He
hired another photographer to duplicate my photograph! He was out the cash
to duplicate my image plus all the costs. It got very costly for that
company! A simply "may I" along with the payment of a fair fee would have
saved them a lot of cash!

So if you are considering using someone else's photo, any
photo, get permission! And give them credit if you get the permission to
use it! It may seem like a trivial thing to many people, but photographs
are created works. Legally, it is just like stealing a computer program or
other body of created work. And there is a major body of Federal law
written to protect unauthorized use. Be kind. Ask

Steve Lucas

From: Don Martinson <LLmen at wi.rr.com> on 2007.07.02 at 10:20:39(15918)
Title: Re: [Aroid-l] people on eBay using photos without permission

I think we all agree that using someone’s photos is wrong and most likely illegal, even if legal proceedings are impractical.

However, what if someone merely posts a link to your site, as in: “A photo of this plant may be found at http://www.basilsplantpage.com”
What if the site is a commercial with an on-ling catalog?

I have never done this, but have wondered if it would be viewed the same as simply taking a photo and publishing it without permission
or attribution.

Don Martinson

From: "Michael Marcotrigiano" <mmarcotr at email.smith.edu> on 2007.07.02 at 12:48:55(15921)
Generally it is acceptable to say " to see other images of this plant go
to XXXX's site and see image xxx" - directing someone to someone else's
page is not a form of plagiarism.

From: "ExoticRainforest" <Steve at exoticrainforest.com> on 2007.07.02 at 15:03:21(15925)

Correct, and absoutely no problem with me.

Steve Lucas

From: "ExoticRainforest" <Steve at exoticrainforest.com> on 2007.07.02 at 15:10:35(15926)
Title: Re: [Aroid-l] people on eBay using photos without permission

For me, no objection. If you think I'm right or wrong,
go ahead. But some websites do object. I received a very nasty
letter from a lawyer for a "garden" website a few months ago demanding I take a
link to his client's website down. I posted the link because the
information they gave was incorrect and I had attempted to explain why.
But they did not like being told they were wrong! So it may be a good idea
to ask permission, just in case. And I promise you, just about everyone on
this board has been to that website at one time or another!

Steve Lucas

From: "Barbara Ward" <hcward416 at comcast.net> on 2007.07.03 at 05:10:05(15934)
If the photo is not available, a more acceptable way to include photos is to
suggest the buyer Goggle the name of the plant. That way no specific site is
used and the viewer is responsible for choosing the site.
Barbara Ward

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