----- Original Message -----
From:
Michael
Mahan
To: 'Discussion of aroids'
Sent: Monday, July 02, 2007 11:04
AM
Subject: [Aroid-l]
Copyrightėayvice
You
are right ! My posting was not meant a Legal Advice to Anyone. Just a way to
inform the members how to stop people selling on Ebay from using
anyone?s photo?s . It was explained to me that Ebay could be exposed for a
class action if they did not address the problem (agin this is not legal
advice ) & they figured out how to make some cash by doing what they are
now doing while also protecting themselves at the same time with the new
policy of removing the offending auctions without refunding the listing fee?s
. As Michael Pascall pointed out the bromeliad folks are way on
top of their images as they should be as their data base is huge with some
Very fine photo?s of some really rare plants Michael Mahan
(who is not a lawyer & not offering any legal advice to anyone
)
From:
tedSubject: [Aroid-l] Copyright
First, please
understand that I am NOT a lawyer. I am assuming that others who have opinions
on this and contribute to this list are also not lawyers. Why that is
important is that if you are not a lawyer, your opinion weighs in a lot less,
especially if you are attempting to offer legal advice. At the very least,
your opinion carries no weight. Worse, you might lead someone astray if they
try to follow your advice. Worst of all, you may run afoul of laws about
practicing law without a license. Just keep in mind where you stand.
Second, understand
that Steve is right about what a copyright allows you to do. It allows you to
bring a court action. It does not mean you are going to win. It also does not
mean you will be able to collect even if you do. This is just one of those
hard things you need to know these days. So, what if someone
uses your image without your consent? OK, you cough up a couple of thousand
for a lawyer as a retainer and an advance on expenses. Then the lawyer has to
track down the offender, which may be difficult. Then the suit needs to be
filed, making claims. What are the claims for a guy stealing your image for
e-Bay? If the item sells for $50, let us say, you might be able to argue that
your image raised his selling price by $10? Is that fair? Maybe, if you're
lucky, you get the whole $50 at stake. Then you might try for court costs or
some sort of pain and suffering. Hmm. Maybe your original $2000 plus $50. This
is small claims territory. And even if you get a judgment, how are you gonna
collect? More legal hassles. I think you see
what I am getting at. Sometimes it's not worth the trouble. It's one thing to
sue a deep pockets offender like General Motors. It's quite another to sue
some lowlife bum who steals a picture off the internet. I'm glad e-Bay has the
policy described because I don't think there are many other options.
So,
where does that get us? It gets us back to Steve's other statement. It's a
matter of courtesy and common decency to ask first and make the proper
attribution. Decency? Courtesy? When was the last time those came up? Put me
down as an old fashioned guy who still believes in doing the right thing.
Remember, I am not a lawyer. Ted.
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