Plant Delights Nursery @
Juniper Level Botanic Garden
9241 Sauls Road
Raleigh, North Carolina 27603 USA
Minimum Winter Temps 0-5 F
Maximum Summer Temps 95-105F
USDA Hardiness Zone 7b
email tony@plantdelights.com
website http://www.plantdelights.com
phone 919 772-4794
fax 919 772-4752
"I consider every plant hardy until I have killed it myself...at least three times" - Avent
Wayne wrote:
> This topic has been interesting. I had not considered how valuable
> photos are considered until Alan posted he was removing pictures from
> his site because people were copying them. I think listing a link to a
> site in an auction should be OK, as most people publish to the web
> with the intent to generate traffic, the more the better.
> But I don't see how Ebay can get in the middle of a dispute of who
> owns a picture. It sounds like I can shut down anybody's auction by
> emailing Ebay and claiming the photo is mine?
> Wayne
>
> ----- Original Message -----
> *From:* Michael Mahan
> *To:* 'Discussion of aroids'
> *Sent:* Monday, July 02, 2007 11:04 AM
> *Subject:* [Aroid-l] Copyrightëayvice
>
> 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:* ted
> *Subject:* [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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